Privacy Policy | FoodFight

Last Update: 12/30/2022

This Privacy Policy (“Policy”) describes how FoodFight Inc. (“Company”, "we" or "us") collects, uses, discloses and stores your Personal Information (defined below). It applies to all Personal Information processed by us on any of our Services, as well as written, electronic, and oral communications.

Unless we define a term in this Policy, all capitalized terms used in this Policy have the meaning provided in our Terms of Service (“Terms of Service”), which you can view here: https://getfoodfight.com/terms-of-service. Please make sure that you have carefully read and understand the Terms of Service before you use our Services.

By using our Services, you accept the Terms of Service and accept our privacy practices described in this Policy. If you do not feel comfortable with any part of this Policy or our Terms of Service, you must not use or access our Services.

We may modify this Policy from time to time. The date of change will be shown next to “Effective Date” at the top of this page. We encourage you to read this Policy periodically to ensure you have up-to-date knowledge of our privacy practices. Whenever material changes to this Policy are made, we will provide you with notice before the modifications are effective by sending a message to the email address associated with your account. By continuing to access or use the Services after changes to this Policy become effective, you agree to be bound by the revised Policy. If any changes are unacceptable to you, you may stop using our Services at any time.

If you are an European Economic Area (“EEA”) resident, this whole Policy applies to you. However, EEA residents should see Section 11 below, which will inform you in detail about the Personal Information we process, how we process it, for which purposes we process it, with whom we share it, on what legal basis we process and transfer your Personal Information and which rights you have regarding the processing of your Personal Information.

1. Personal Information We Collect

We collect Personal Information when you use our Services, create an account with us or submit Personal Information to us. Personal Information is any information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly with a particular individual or household, including, but not limited to, a first and last name, email address, a home, postal or other physical address, and phone number. The types of Personal Information that we may collect about you are:

A. Information You Provide to Us

We collect information you give us when you register with us for a User Account, when you use our Services, when you participate in surveys or promotional activities, or when you otherwise choose to submit your information to us.

When you sign up for a User Account we may collect your name, email address, phone number, screenname, password, date of birth, gender, state of residence, sports preferences, food preferences, and payment processing information.
When you connect your User Account to other devices and apps, information collected by these devices and apps may be passed along to us with your permission.
When you add your “contacts” information by connecting your contacts from your mobile device or social networking accounts to the Services. If you choose to share your contacts, the Services will access and store your contacts’ information in order to identify connections and help you connect with them
When you provide, post or upload information to our Services we may collect your screen name, name or other information you choose to provide, including information included in such postings.
When you use our Services, such as logging into your account, we may collect your name, address, and screen name to verify your identity and provide Services to you.
From time-to-time, we invite users to volunteer to participate in surveys or other outreach activities. When a user participates, we request certain Personal Information such as name and email address. Depending on the nature of the survey or outreach we use this information to follow-up with the participants.

B. Communications from You

When you contact us, by online chat, text or email, we may automatically collect and store certain information about you and the activity you engaged in, for example: your name and contact information; information that you voluntarily provide to us; the nature of your communication; the purpose of the interaction, and the action we took in response to your inquiry or request.

C. Information from Others

When using our Services, you and other users may post content that includes information about you (as part of posts or comments) on our Services. We also may receive certain information from our third party vendors in order to verify your use of the Services.

D. Information Related to Your Use of the Services

We may automatically collect information about your use of the Services (we refer to this information as "Usage Data"). For example, we may collect:

Device information, such as your hardware model, IP address (the Internet address of your computer), unique device identifiers, and other information such as your browser type and operating system.
Website usage information regarding customer traffic patterns and website usage. This may include the pages or features of our website you browsed to inform us which part of our website and Services you visit and how much time you spend there.

E. Information Sent by Your Mobile Devices

We collect certain information that your mobile devices send when you use our Services, such as a unique identifier, user settings and the operating system of your device, as well as information about your use of our Services on your mobile device.

F. Messages

We may collect information about you when you send, receive, or engage with messages in connection with our Services.

G. Location Information

When you use our online Services, we may collect and store information about your general location by converting your IP address into a rough geo-location. We may also access your mobile device’s GPS coordinates or course location, but only if you have previously agreed that we can collect this information by allowing the sharing of your location information. If you do not want us to have your location information, you may disable the location sharing feature on your device or browser.

H. Cookies and Analytics Technologies

Users of our Services who have JavaScript enabled are tracked using analytics technologies, including Google Analytics and Mode. Unless the analytics feature is blocked, it collects the following types of information from the user: type of user agent (web browser) used, software manufacture and version number; type of operating system; network location and IP address; country, city, state, region, county, or any other geographic data; hostname; bandwidth (internet connection speed); time of visit; pages visited; time spent on each page of the website; and referring site statistics. The data collected by the analytics technology is primarily used to optimize the Service experience for our users. We also use this data for our own business purposes, for example, to analyze how many users we have, where visitors come from, and understand how they interact with us.

A "cookie" is a small data file that certain websites write to your computer or smart device when you visit them. A cookie can't read data off your hard disk or read cookie files created by other websites. Generally, we use first-party cookies to keep track of login/password information for your convenience. If you prefer not to receive cookies while browsing our Website, you can set your browser to warn you before accepting cookies and refuse the cookie when your browser alerts you to its presence. You can also refuse all cookies by changing the settings in your browser. You do not need to have cookies turned on to use and navigate through many parts of our Website, although if you block or disable the cookie functions, you may not be able to access all portions or features of the Website and the Services. Please follow instructions provided by your browser (usually located within the "Help", "Tools" or "Edit" settings) to disable first-party cookies.

I. Social Media

Depending on your permissions, we may receive your Personal Information from your social media accounts. You can edit or remove Personal Information usage permissions by using privacy settings on your social media account.

2. How We Use Your Personal Information

We will only use your Personal Information as described in this Policy or otherwise through your informed consent.

A. To Provide Our Services to You

We will use your Personal Information to provide information or perform Services that you request, including, but not limited to making sports and food suggestions based on your challenge history. We may use general location information to improve and personalize our Services to you, such as providing location-relevant information and our Services to you. If the applicable information is to be provided or Service is to be performed by a third party, then we will disclose the applicable information to the third party providing the information or performing the applicable Services. Your information may be available or provided to third-party service providers who are contractually obligated to protect your information as disclosed in this Policy. We have not and do not sell any Personal Information to any third party.

B. For the Operations and Administration of Our Business

We will use your Personal Information for the purposes of furthering our business, including creating, operating, delivering, maintaining, and improving our content, products, and Services. We may monitor how our users use our Services including without limitation time spent using our Services, pages visited and content viewed. Aggregated forms of this data may also be used for research and development purposes in order to offer new features, functionalities, products and services.

C. For Business Analytics Purposes

We analyze, and may engage third parties to analyze, your Personal Information and Usage Data to determine the usefulness of our website, mobile app, and other elements of the Services. Analytics help us determine how effective our navigational structure is in helping users reach the information they seek, completing the task they wish to complete, etc., and to tailor features and functionalities to our users’ needs and preferences.

D. For Our Own Marketing Purposes

Marketing lets us grow our community and update you about new products and services. We process your contact information or information about your interactions on our Services to: send you marketing communications and keep you updated about our products and services; provide you with informational content; and deliver targeted marketing to you. We may periodically send you free newsletters and e-mails that directly promote our Services, and that we believe may be of interest to you. When you receive such promotional communications from us, you will have the opportunity to "opt-out" (either through your account or by following the unsubscribe instructions provided in the e-mail you receive). We do need to send you certain administrative and transactional communications regarding the Services and you will not be able to opt out of those communications – e.g., communications regarding updates to our Terms of Services, this Policy, or information about billing, among others.

E. To Provide Customer Support or Respond to You

We collect information that you provide to us when you contact us, such as with questions, concerns, feedback, disputes or issues, so we can address your needs and support your use and enjoyment of the Services.

F. For Account and Network Security Purposes

We care about keeping you secure and safe while using our Services. Keeping you safe requires us to process your Personal Information, such as your device information, log-in information, activity information and other relevant information to proactively manage privacy and security risks. We use such information to combat spam, malware, malicious activities or security risks; improve and enforce our security measures; and to monitor and verify your identity so that unauthorized users do not gain access to your information.

G. To Enforce Compliance with Our Terms and Agreements or Policies

When you access or use our Services, you are bound to our Terms of Service and this Policy. To ensure you comply with them, we process your Personal Information to actively monitor, investigate, prevent and mitigate any alleged or actual prohibited, illicit or illegal activities on our Services. We also process your Personal Information to investigate, prevent or mitigate violations of our terms, agreements or policies.

H. Aggregated Information

We may aggregate the information you and others make available in connection with the Services and post it publicly or share it with third parties. Examples of the type of information we may aggregate include information about demographics, sports preferences, and food preferences. We may use, share and in some cases sell such information with and to third parties for research, business or other purposes.

3. Information Sharing and Disclosure

Your Personal Information is not shared with third parties without your permission, except as described below.

A. Information Shared through our Services

When using our Services, your name, username, age, picture, sports preferences, food preferences, challenge history and other information may be visible to all users. For example, when you challenge another user on a sporting event, that challenge information, including any Personal Information included therein, can be viewed by everyone and re-shared anywhere. Similarly, when you connect your User Account to a third-party app or device, we may share the Personal Information and data that you have agreed to make available, including your name, email address, User Account information, challenge history sport preferences, and food preferences. We recommend that you do not post on or through the Services any information that you do not want to make available to other users or the public generally. You assume all responsibility for any loss of privacy or other harm resulting from information you post publicly or choose to share with a third-party app or device. You can control what information is shared either via a third party service or shared on the Services by adjusting your privacy settings.

B. Information Shared with Our Employees, Services Providers

We may engage employees and third-party services providers to work with us to administer and provide the Services or to promote our Services (e.g. payments, analysis, development, and customer support). These employees and third-party services providers have access to your Personal Information only for the purpose of performing services on our behalf and are expressly obligated not to disclose or use your Personal Information for any other purpose.

C. Information Disclosed in Connection with Business Transactions

If we are acquired by a third party as a result of a transaction such as a merger, acquisition or asset sale, or if our assets are acquired by a third party in the event we go out of business or enter bankruptcy, some or all of our assets, including your Personal Information, may be disclosed or transferred to a third-party acquirer in connection with the transaction. Other than to the extent ordered by a bankruptcy or other court, the use and disclosure of all transferred user information will be subject to this Policy. Any information you submit or that is collected after a transfer, however, will be subject to a new privacy policy adopted by the successor entity.

D. Information Disclosed for Our Protection and the Protection of Others

We cooperate with government and law enforcement officials to enforce and comply with the law. We may disclose information about you to government or law enforcement officials as we, in our sole discretion, believe necessary or appropriate: (i) to enforce our Terms of Service, (ii) to respond to claims and legal process (including subpoenas); (iii) to protect the property, rights and safety of a third party, our users, or the public in general; (iv) to protect our property, rights and safety; (v) to stop any activity that we consider fraudulent, illegal, unethical or legally actionable; and (vi) as required by applicable local, state or federal laws.

4. Data Security

We safeguard the security of the information you provide to us with physical, electronic, and administrative procedures. For certain features of our Services we use industry-standard SSL-encryption to enhance the security of data transmissions. Your account information is password-protected for your privacy and security. While we strive to protect your information, we cannot guarantee the security of the Internet, and cannot ensure the security of the information that is transmitted through the Internet.

Please recognize that protecting your Personal Information is also your responsibility. We urge you to take every precaution to protect your information when you are on the Internet, or when you communicate with us and with others through the Internet. Change your passwords often, use a combination of letters and numbers, and make sure you use a secure browser. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of your account might have been compromised), or if you suspect someone else is using your account, please let us know immediately by contacting us as indicated in the “How to Contact Us” section. If your credit information, username, or password is lost, stolen, or used without permission, please promptly notify us and we will assist you in updating your account details.

5. User Account Closure

If you choose to close your User Account, your User Account will generally stop being visible to others on our Services with a reasonable amount of time following your request. We retain your Personal Information even after you have closed your account if reasonably necessary to comply with our legal obligations (including law enforcement requests), meet regulatory requirements, resolve disputes, maintain security, prevent fraud and abuse, enforce our Terms of Service. We will retain de-personalized information after your account has been closed. Information you have shared with others (e.g., through uploads or posts) will remain visible after you close your User Account, and we do not control data that other users have copied out of our Services.

6. Responding to Do Not Track Signals

We do not currently respond to web browser “do not track” signals or other mechanisms that may allow you to opt-out of the collection of information across networks of websites and online services. As standards develop, we may develop policies for responding to do-not-track signals that we will describe in this Policy.

7. Children and Privacy

Protecting children’s privacy is important to us. We do not direct the Services to, nor do we knowingly collect any personal information from, children under the age of 13. If we learn that a child under the age of 13 has provided Personal Information through the Services, we will use reasonable efforts to remove such information from our files and servers.

8. Links to Third Party Sites

We may contain links to other sites that are owned or operated by third parties. We are not responsible for the content, privacy or security practices of any third parties. To protect your information, we encourage you to learn about the privacy policies of those third parties.

9. Our Social Media Usage

We have accounts on social media platforms through which we may post information or conduct promotional activities. If you use social media to follow us or interact with us, we may collect Personal Information you choose to share with us. Please understand your use of the social media services may result in the collection or sharing of information about you by those social media services. We have no control over, and decline all responsibility for, the use of your personal data by these third parties. Your use of social media, including your interactions with us on social media, are at your discretion. We encourage you to review the privacy policies and settings on the social media services with which you interact to make sure you understand how your information may be collected, used, and shared by those social media services.

10. Your Choices

A. Account Information

You may update certain account information you provide to us (such as your password, name and email address) by logging into your account or contacting us through at hello@getfoodfight.com. If you wish to disable your account, please contact us at hello@getfoodfight.com but note that we retain certain information when required or permitted by law. We also retain cached or archived copies of information about you for a certain period of time.

B. Promotional Communications

You may opt out of receiving promotional emails by following the instructions in those emails or by logging into your account. If you opt out, we may still send you non-promotional emails, such as those about your account or our ongoing business relations.

C. Mobile Push Notifications/Alerts

With your consent, we send promotional and other push notifications to your mobile device. You can deactivate these messages at any time by changing the notification settings on your mobile device.

11. International Transfer

Your information is stored on controlled servers with limited access and may be stored and processed in the United States or another country where our service providers are located. We offer our Services to individuals located in the United States, and we do not advertise our Services outside the United States. If you are located outside the United States and choose to provide your Personal Information to us, please note that we may transfer your Personal Information to the United States or another country where our service providers are located, and such countries may not provide the same data protection. Those who choose to access and use the Services from outside the United States do so on their own initiative, at their own risk, with this understanding.

A. Legal Basis for Processing

When we process your Personal Information, we will only do so in the following situations:

As necessary to perform our responsibilities under our contract (Terms of Service) with you (like processing payments and providing the Services you have requested);
When we have a legitimate interest in processing your Personal Information, including to communicate with you about changes to our Services, to help secure and improve our Services (including to prevent fraud) and to analyze use of our Services;
As necessary to comply with our legal obligations; and
When we have your consent to do so.

B. Data Retention

We retain Personal Information for no longer than is necessary for the purposes for which it is processed, unless applicable law requires storage for a longer period of time.

C. Data Subject Requests

Subject to certain limits and conditions provided under law, you have the following rights:

You have the right to access Personal Information we hold about you and to ask that your Personal Information be corrected, erased, or made available in a portable form.
You also have the right to object to certain processing (like receiving direct marketing), or request that we restrict processing in certain circumstances (like to retain but not further process pending resolution of a claim).
When we ask for your consent, you may withdraw that consent at any time.
You have the right to file a complaint regarding our data protection practices with a supervisory authority. Please see this directory for contact details: https://edpb.europa.eu/about-edpb/board/members_en. If you are in Switzerland, please visit this FDPIC site for contact details: https://www.edoeb.admin.ch/edoeb/en/home/the-fdpic/contact.html. If you are in the United Kingdom, please see this site for contact details: https://ico.org.uk/global/contact-us/.

If you would like to exercise any of these rights and can't do so directly via the Services or your device, you may contact us as indicated below.

12. This section applies only to California residents.

A. Pursuant to the California Consumer Privacy Act of 2018 (“CCPA”) and other California privacy laws (together “California Laws”), below is a summary of the Personal Information we collect as a business in the preceding 12 months, the reason we collect your Personal Information, where we obtain the Personal Information we collect about you, and the third parties that we share your Personal Information. The section references relate to the sections above in this Policy.

B. We collect the following categories of Personal Information as described in Section 1 (Personal Information We Collect) above:

Identifiers, such as name, email address, phone number, and IP address.
Commercial information, such as records of purchases and payment information.
Internet or other electronic network activity information, such as log data and information about the devices and computers you use to access the Services.
Geolocation data, such as IP address information, where you have allowed access to that information.
Electronic, visual, or similar information, such as photos.
Other information you provide, such as responses to surveys or messages to customer service.
Inferences drawn from any of the above, including about the content that may be of interest to you.

We collect this Personal Information from you, your device, third parties, or as otherwise described in this Privacy Policy. We use these categories of Personal Information as described in Section 2 (How We Use Your Information) above. We disclose these categories of Personal Information for the business purposes described in Section 3 (Information Sharing and Disclosure) above.

C. California Residents Rights

Under California Laws, California residents have the following rights (“Rights”) listed below. Your Right to Know and Right to Deletion are not absolute and are subject to certain exceptions. For instance, we cannot disclose specific pieces of Personal Information if the disclosure would create a substantial, articulable, and unreasonable risk to the security of the Personal Information, your account with us or the security of the business’s systems of networks.

Right of Know. You have the right to know the Personal Information we collect, use, disclose, and sell about you. You have the right to request in writing from us a copy of the categories of Personal Information we have collected about you, the categories of sources from which we collected that information, why we collected that information, the categories of third parties with whom we shared your Personal Information, the categories of Personal Information that we disclosed about you for a business purpose, and the specific pieces of Personal Information we have collected about you. Please note that we are only required to respond twice per calendar year to your Rights to Know.
Right to Deletion. You have the right to request that we delete any Personal Information we have collected from you or maintain about you. However, we are not required to comply with such requests if it is necessary for us or our partners to maintain the Personal Information in order to:
- complete the transaction for which the Personal Information was collected;
- detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity;
- debug to identify and repair errors that impair existing intended functionality;
- exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law;
- comply with the California Electronic Communications Privacy Act;
- engage in public or peer-reviewed scientific, historical, or statistical research in the public interest;
- comply with a legal obligation; or
- use Personal Information internally in a lawful manner that is compatible with the context in which a California resident provided the information and is reasonably aligned with the expectations of the resident based on the resident’s relationship with the business.
Right to Opt-Out of the Sale of Your Personal Information. If a business sells your Personal Information you have the right to opt-out of having your Personal Information sold. We do not sell any of your Personal Information.
Right to Non-Discrimination. We will not discriminate against those who exercise their Rights. Specifically, if you exercise your Rights, we will not deny you goods or services, charge you different prices or rates for goods or services or provide you a different level or quality of goods or services.

D. Asserting Your Rights

You may exercise your right to know by submitting your request to hello@getfoodfight.com. If you would like to exercise your right to deletion, please submit your request to hello@getfoodfight.com and make the request known in the subject line. Alternatively, you can contact us with your request at 942 E 52nd St Unit 1, Chicago, IL 60615. We may ask you for certain information or require email verification to verify your identity. If we cannot verify your identity from the initial information you provide, we may request additional information from you, which will only be used for the purposes of verifying your identity and for security or fraud-prevention purposes. In some instances, we may ask you to submit a signed declaration under penalty of perjury that you are the consumer whose personal information is the subject of the request. We will delete any new Personal Information collected for the purposes of verification as soon as practical after processing your request, subject to legal retention requirements.

You may designate an authorized agent to make a request to know or a request to delete. We will respond to your authorized agent’s request if they submit proof that they are registered with the California Secretary of State to be able to act on your behalf, or submit evidence you have provided them with power of attorney pursuant to Probate Code section 4000 to 4465. We may deny requests from authorized agents who do not submit proof that they have been authorized by you to act on their behalf.

13. Contact Us

If you have questions or concerns about our collection, use, or disclosure of your Personal Information, please email us at hello@getfoodfight.com. Or write to us at: 942 E 52nd St Unit 1, Chicago, IL 60615 Attn: Privacy.