TERMS AND CONDITIONS
AND IS A PART OF YOUR LEGAL AGREEMENT WITH US.
Epicured Meal Delivery, LLC, dba Epicured ("Epicured," "us" or "we") values the privacy of our users, members, and others (collectively or individually "Users") who visit and use
The Information Epicured Collects
User Provided Information
: You may provide to Epicured what is generally called "personally identifiable" information, such as your name and e-mail address, when you register, email us or use our services. In addition, Epicured may give you the option to provide us with certain demographic information about yourself and to upload photographs or other personally identifiable information. Unless you voluntarily provide or send us personally identifiable information, we will always ask you to submit or provide it to us before collecting your personally identifiable information. If you provide or submit your personally identifiable information to us we will provide you with the ability to review, update and/or delete your personally identifiable information, subject to our obligations to comply with legal, regulatory, internal audit and record-keeping requirements. To update and/or delete your personally identifiable information you have on file with us, please send an email
"Automatically Collected" Information
: When you visit the GetEpicured Site or open one of our HTML emails, we may record certain information from your web browser by using different types of technology, including "clear gifs" or "web beacons." This "automatically collected" information may include your Internet Protocol address ("IP Address"), web browser type, the web pages or sites that you visit just before or just after the GetEpicured Site, the pages you view on our site, and the dates and times that you visit.
: We and our operational service providers and others who host the GetEpicured Site often use technology
that can recognize, collect and/or transmit information that is associated with you, but which do not personally
identify you. Although the term "cookie" specifically refers to a small text file that is stored on a User's
computer for record-keeping purposes, we use the term "cookie" to refer generically to any technology that can
recognize, collect and/or transmit information about your visits to the GetEpicured Site. This type of
information includes such data as the Internet or web domain that referred you, the type of operating system and
browser you are using, the date and time of your visit, data relating to activities on the GetEpicured Site
(e.g., so-called 'clickstream' data) and other technological attributes about your visit to the
GetEpicured Site. This information is used to analyze trends, administer the GetEpicured Site, track user
movements on the GetEpicured Site, and gather aggregate demographic information about visitors so we can
continually improve the GetEpicured Site. Cookies also allow the GetEpicured Site to recognize your computer
or access device each time you visit and cookies can keep count of how often you return. Cookies can also
track how you use the GetEpicured Site and your preferences for features and functions, and cookies can store
information such as your user name and password so that you don't have to re-enter them each time you return
to visit. Cookies don't personally identify you or any particular user or individual.
When you visit the GetEpicured Site, we may send one or more cookies - a small text file containing a string of alphanumeric characters - to your computer. Epicured uses both session cookies and persistent cookies. A persistent cookie remains after you close your browser and may be used by your browser on subsequent visits to the GetEpicured Site. By using these cookies, we can "remember" what you have done on the GetEpicured Site before and personalize our site for you. These persistent types of cookies can be removed. You can disable or turn the cookie feature off by changing the settings on your Internet browser and you can also change the settings to stop your browser from automatically accepting cookies. Each web browser implements different functionality, so please refer to the manuals or technical support resources that are available in conjunction with your web browser to learn the correct way to modify your cookies set-up. If you are using the GetEpicured Site in a jurisdiction where your prior consent is required for us to deploy any particular cookies, you will be asked to accept such cookies before they are deployed. Please note that disabling cookies or declining to accept certain cookies will prevent you from accessing some of the functionality and site offerings available via the GetEpicured Site, and may also require you to re-enter certain information each time you visit or attempt to use the GetEpicured Site.
The Way Epicured Uses Information
Epicured uses the information that we collect to provide to you all of the features and services found on the GetEpicured Site. We may use your email address for marketing purposes, unless you have expressly notified us that you prefer for us not to use your email address for any specific marketing purposes ("opt-out"). While you may opt-out from such marketing use, you may not opt-out from our use of your email address for non-marketing or administrative purposes such as automatic notifications of recent account activity, or notifying you of major site updates. You may opt-out of such use
Epicured may use all of the information that we collect from our Users to (a) respond to User requests or inquiries, (b) complete User purchases, (c) improve our customer service, (d) administer a contest, promotion, survey or other feature, (e) send Users periodic communications, news or other updates, (f) understand usage trends and preferences, (g) improve the way the GetEpicured Site works and looks, (h) improve our marketing and promotional efforts, and (i) create new features and functionality.
or contact Google for more information.
Epicured may add functionality that allows other Users to view your name, other profile details and photographs should you provide this information and make it publicly viewable. You will be informed if you are agreeing to make information about yourself publicly viewable.
Epicured may use automatically collected information and cookies information to: (a) remember your information so that you will not have to re-enter it during your visit or the next time you visit the GetEpicured Site; (b) provide custom, personalized advertisements, content and information; (c) monitor the effectiveness of our marketing campaigns; and (d) monitor aggregate usage metrics such as total number of visitors and pages viewed.
Epicured may share automatically collected and other aggregated non-personally-identifiable information with interested third parties for their use and distribution for their business purposes, including without limitation for the purposes of assisting them in understanding the usage patterns for certain content, services, advertisements, and promotions.
We may share personally identifiable information with other third-party organizations for their marketing or promotional use without your consent, except with respect to any specific program or feature for which you will have the ability to opt-out.
We may disclose your personally identifiable information if we believe in good faith that such disclosure is necessary (a) to comply with laws or to respond to subpoenas, court orders, warrants or other legal demands or to establish or defend Epicured from legal claims; (b) to protect and defend our rights or property, you, or third parties from fraud, abuse or violations of the Terms of Service or illegal acts; (c) to protect the safety or integrity of Epicured, its Users, the public or other parties as it is deemed appropriate, in our sole discretion; or (d) in a merger, acquisition, change of control, joint venture or other business combination. You hereby consent to our sharing your personally identifying information under the circumstances described herein.
User Profile and Password
You have access to your personally identifiable information and you may update, correct, or delete your member information and email preferences at any time.
To protect your privacy and security, we take reasonable steps to verify your identity before granting Users profile access. YOU ARE RESPONSIBLE FOR MAINTAINING THE SECRECY OF YOUR UNIQUE PASSWORD AND ACCOUNT INFORMATION AT ALL TIMES.
PLEASE NOTE THAT WITH THE EXCEPTION OF CERTAIN CATEGORIES OF INFORMATION AS IDENTIFIED BY EPICURED FROM TIME TO TIME, ALL INFORMATION THAT YOU POST FOR VIEWING ON THE GETEPICURED SITE IS MADE PUBLICLY AVAILABLE TO ALL USERS OF THE GETEPICURED SITE.
Consistent with the federal Children's Online Privacy Protection Act of 1998 (COPPA), we do not intend to collect personally identifiable information from anyone under the age of thirteen (13). Any person who provides their personally identifiable information to Epicured through the GetEpicured Site represents that they are 13 years of age or older. If you are under 18, you are not authorized to use the GetEpicured Site without express permission from your parent or legal guardian. Parents and legal guardians should be aware that there are parental control tools available online that you can use to prevent your children from submitting information online without parental permission or from accessing material that is harmful to minors.
The GetEpicured Site provides you with the opportunity to affirmatively opt-out of receiving communications from us and our partners at the point where we request information about you. The GetEpicured Site gives you the option to end our use of your information, and to cease receiving or otherwise having access to future communications or services.
Third-party Advertisers, Links to Other Sites
Epicured may provide personally identifiable information to these third-party ad servers or ad networks except as
part of a specific program or feature for which you will have the ability to opt-in. Also, please note that
if an advertiser asks Epicured to show an advertisement to a certain audience or audience segment and you
respond to that advertisement, the advertiser or ad-server may conclude that you fit the description of the
audience they were trying to reach.
Our Commitment to Data Security
No data transmissions over the Internet can be guaranteed to be 100% secure. Consequently, we cannot ensure or warrant the security of any information you transmit to us and you do so at your own risk. Once we receive your transmission, we make reasonable efforts to ensure security on our systems. We use secure server software (SSL) and firewalls to protect your information from unauthorized access, disclosure, alteration, or destruction. However, please note that this is not a guarantee that such information may not be illegally or improperly accessed, disclosed, altered, or destroyed by breach of such firewalls and secure server software.
If Epicured learns of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. By using the GetEpicured Site or providing personally identifiable information to us, you agree that we can communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the GetEpicured Site. Epicured may post a notice on the GetEpicured Site if a security breach occurs. If this happens, you will need a web browser enabling you to view the GetEpicured Site. Epicured may also send an email to you at the email address you have provided to us in these circumstances. Depending on where you live, you may have a legal right to receive notice of a security breach in writing. To receive a free written notice of a security breach (or to withdraw your consent from receiving electronic notice) you should notify us via email
Special Note to California Users
Special Note to International Users
YOU ACKNOWLEDGE THAT THE LAWS OF THE UNITED STATES TREAT YOUR INFORMATION IN A MANNER THAT MAY BE SUBSTANTIALLY DIFFERENT FROM, AND LESS PROTECTIVE THAN, THE TREATMENT REQUIRED UNDER THE LAWS OF OTHER COUNTRIES AND JURISDICTIONS. IF YOU DO NOT WANT YOUR INFORMATION TRANSFERRED TO THE UNITED STATES, YOU SHOULD NOT SHARE YOUR INFORMATION WITH US, OR MAKE USE OF THIS WEBSITE.
TO THE EXTENT ALLOWED BY THE LAW OF THE COUNTRY IN WHICH YOU ARE LOCATED, YOU EXPRESSLY WAIVE ANY RIGHT YOU MAY HAVE TO REQUIRE US TO TREAT YOUR IDENTIFYING INFORMATION IN ACCORDANCE WITH THE LAWS OF ANY COUNTRY OR JURISDICTION OTHER THAN THE UNITED STATES. HOWEVER, THE FOREGOING WAIVER MAY NOT BE LEGALLY BINDING IN SOME COUNTRIES, SUCH AS THE MEMBER STATES OF THE EUROPEAN UNION. TO THE EXTENT IT IS NOT LEGALLY BINDING IN THE COUNTRY IN WHICH YOU ARE LOCATED, THIS FOREGOING WAIVER DOES NOT APPLY TO YOU.
In the Event of Merger or Sale
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