Privacy Policy

Overview

Foodo Inc. (the “Company”, “we”, “us” or “our”) is committed to respecting our Users’ privacy. This Privacy Policy (“Policy”) sets out our policy and practices concerning the collection, use and disclosure of personal information. Generally speaking, “personal information” is information about an identifiable individual, as more particularly described under applicable privacy legislation.

Scope

This Policy applies to our collection, use and disclosure of personal information in Canada and collected from and about individuals who are, or may become Users of the sites and Service offered by the Company at the Apple App Store and at www.gofoodo.com (the “Sites”). This Policy does not apply to information that is not personal information. This Policy applies to personal information that we collect from our Sites. It does not apply to any third-party sites linked from our Sites. The Company is not responsible for the privacy practices of any such outside sites.

Personal Information We Collect

The Company may collect personal information in a number of circumstances in the course of operating our mobile and online food ordering Service. Personal information we may collect includes:

Use of Personal Information

The Company generally uses personal information for the following purposes:

Disclosure of Personal Information

The Company

The Company does not disclose User’s contact information (e.g., phone number, e-mail address, address) or if we have access to this, the contact information of a User or Member’s contacts (friends, associates, family).

The Company does not sell or distribute mailing lists or other User or Account Holder details to any third party, except to partners and affiliates that offer services through our Sites or Service. Any Restaurant or other third party or affiliate partner is responsible for creating and managing its own Privacy Policy and all Users will be able to click through from our Sites directly to the Privacy Policy of an official third party partner or affiliate of the Company. Personal information may be disclosed to our partners and affiliated companies (including outside of Canada) for internal audit, management, billing or administrative purposes.

Service Providers

The Company may transfer personal information to outside agents or service providers (including affiliates of the Company acting in this capacity) that perform services on our behalf, for example payment processing, transactional e-mail and e-mail newsletter suppliers, call center, billing, marketing, and/or data hosting or processing services or similar services, or otherwise to collect, use, disclose, store or process personal information on our behalf for the purposes described in this Policy.

Some of these service providers or affiliates may be located outside of Canada, including in the United States, and your personal information may be collected, used, disclosed, stored and processed in the United States or elsewhere outside of Canada for the purposes described in this Policy.

We will take reasonable contractual and other measures to protect your personal information while being processed or handled by these service providers, but your information may be subject to legal requirements in jurisdictions outside of Canada that may differ from the laws in Canada, such as lawful requirements to disclose personal information to government authorities in those jurisdictions.

Business Transactions

The Company may disclose Personal information to parties connected with the proposed or actual financing, securitization, insuring, sale, assignment or other disposal of all or part of the Company or our business or assets, for the purposes of evaluating and/or completing such transactions. For example, this may include permitting those parties to determine whether to proceed with the transaction, fulfilling reporting, inspection or audit requirements or obligations to assignees or successors of the Company or our business or assets and such parties may use and disclose your personal information for similar purposes as those described in this Policy.

Legal, Regulatory

The Company may disclose your personal information as necessary to meet legal, regulatory, insurance, audit, and security requirements, and as otherwise with your consent or as permitted or required by law, including as required by applicable Canadian and foreign laws applicable to the Company or our agents and service providers, and including lawful requirements to disclose personal information to government authorities in those countries.

The Company may also be required or permitted under statute or regulation to collect, use or disclose personal information without your consent, for example to comply with a court order, to comply with local or federal regulations or a legally permitted inquiry by a government agency, or to collect a debt owed to us.

Your Consent

Consent to the collection, use and disclosure of personal information may be given in various ways. Consent can be express (for example, orally, electronically or on a form you may sign describing the intended uses and disclosures of personal information) or implied (for example, when you provide the information necessary to use a feature of the Service you have requested). You may provide your consent in some circumstances where notice has been provided to you about our intentions with respect to use of your personal information and you have not withdrawn your consent for an identified purpose, such as by using an “opt out” option provided, if any. Consent may be given by your authorized representative (such as a legal guardian or a person having a power of attorney).

Generally, by providing us with personal information, we will assume that you consent to our collection, use and disclosure of such information for the purposes identified or described in this Policy, if applicable, or otherwise at the time of collection.

You may withdraw your consent to our collection, use and disclosure of personal information at any time, subject to the Terms of Use. Note that if you withdraw your consent to certain uses of your personal information, we may no longer be able to provide Service to you.

Removal from Mailing List

In order to remove your name from the Company’s mailing list, select the “Unsubscribe” button at the bottom of any correspondence you may receive from us, or contact us at privacy@gofoodo.com to have your email address or other contact information removed.

Security

We take reasonable steps to protect your personal information using physical, electronic or procedural security measures appropriate to the sensitivity of the information in our custody or control, which may include safeguards to protect against loss or theft, as well as unauthorized access, disclosure, copying, use or modification. Authorized employees, partners, affiliates or other agents of the Company who require access to your personal information in order to fulfil their roles in providing Service to you will have access to your personal information.

Access, Correction and Contacting Us

The Company may establish and maintain a file of your personal information for the purposes described above, which will be accessible at the Foodo Inc., Attention Privacy Officer, 787D Spadina Road, Toronto, ON Canada M5P2X5. If you wish to request access to or make a correction related to your personal information in our custody or control, you may write to the above address. Your right to access or correct your personal information is subject to applicable legal restrictions. We will take reasonable steps to verify your identity before granting access or making corrections. If you wish to make inquiries or complaints or have other concerns about our personal information practices, write to us as described above or e-mail us at privacy@gofoodo.com.

Changes to this Privacy Policy

This Policy may be revised from time to time. If we intend to use or disclose personal information for purposes materially different than those described in this statement, we will make reasonable efforts to notify affected Users, if necessary, including by revising this Policy. Your continued provision of personal information or use of the Sites and Service following any changes to this Policy constitutes your acceptance of any such changes. If you are concerned about how your personal information is being used, you should contact us as described above or check our Web site at www.gofoodo.com/legal to obtain a current copy of this Policy. This Policy is effective as of November 2012