Privacy Notice
The app and the service will provide the following privacy notice on all of the interfaces facing the customer.
Who We Are and What We Do
1.1 LOCELLI®
LOCELLI® is a service that uses a mobile app (the “LOCELLI® App”) to help restaurants and stores connect with their customers. It makes sure that the food or other orders made by the customer are ready for pick-up or consumption when the customer arrives at the chosen retailer. Through its services, LOCELLI® provides a simple and quick means for customers and the retail industry to interact. Thus, LOCELLI® improves the dining experience by speeding up the take-out process and reducing the wait-time for on-site diners.
“LOCELLI®” is a trade name of Eatelli Inc., a Delaware corporation. All of the websites that link or refer to this Privacy Notice (the “Site”), including the privacy statement on the LOCELLI® App, our free mobile app, are operated and maintained by Eatelli Inc. Eatelli is also the party offering the services featured on our platform andSite.
1.2 Our Users
In this Privacy Notice, we refer to as “Users” or “you” to (i) Employees of, and other individuals associated with, participating retaiol industry businesses using our services or accessing our Site (“Merchant Users”), as well as customers who register on our Site to use the LOCELLI® App to order products(“Registered Users”), or any other visitors to our Site.
Our Privacy Notice
This Privacy Notice sets forth our policy with respect to customerally identifiable data, i.e., information that identifies, relates to, describes, or is capable of being associated with, particular individuals (“Customeral Data”) that is collected from Users on or through the Site. Please review this Privacy Notice carefully as it includes important information regarding your Customeral Data and other information.
Customeral Data That We Collect
When you use or interact with us through our Site, we may collect Customeral Data, as further described below:
3.1 Information You Provide to Us
We collect the Customeral Data you voluntarily provide when you register at or visit our Site, contact us with inquiries, sign up for our newsletter or respond to one of our surveys. The Customeral Data we may collect includes, without limitation, your name, address, email address, or, if you are a Merchant User, payment and credit card data and other information used for creating and operating an account for a Merchant User.
3.2 Information We Automatically Collect
We also automatically collect certain technical data that is sent to us from the computer, mobile device and/or browser through which you access our Site (“Technical Information”). Technical Information includes, without limitation, a unique identifier associated with your access device and/or browser (including, for example, your Internet Protocol (IP) address), characteristics about your access device and/or browser, statistics on your use of our services, and data collected through Cookies, Pixel Tags, Local Shared Objects, Web Storage and other similar technologies. We also collect information about your geographic location. from you or your device, including your country, region, city, zip code, street address, time zone, latitude, longitude, and horizontal position representation information.
3.3 Information We Obtain from Other Sources
We may also collect or receive Customeral Data concerning you from third-party sources, such as other Users, social media or other third-party integrations, your credit card-issuing bank, our payment-processing partners or other third parties.
How We Use Your Customeral Data
We may use the Customeral Data we collect as follows:
4.1 Primary Use
We will use your Customeral Data primarily in the context in which it was provided to us, as illustrated by the following examples. For instance, if you contact us by email, we will use the Customeral Data you provide to answer your question or resolve your problem and will respond to the email address that you provided us with or from which the inquiry came. If you provide us with, for example, Customeral Data in connection with accessing our Site, registering as a User, or utilizing our services, we will use your Customeral Data primarily to evaluate and facilitate your gaining access to and using our Site and services. This may include the provision of software updates, technical support or enhancements of the Site, the LOCELLI® App or our services. Furthermore, without limiting the foregoing, we will use your Customeral Data also in order to meet our contractual obligations towards you and other parties, to comply with legal obligations connected with operating our business, to manage your account, and to manage our services and our business in general.
4.2 Use for Secondary Purposes
We may also use your Customeral Data for internal business purposes, including, without limitation, to enforce our rights and defend against any claims; to help us maintain and improve the functionality, security and availability of our Site and services; to develop and improve the content and functionality of our Site and services; to better understand our Users; and to identify, protect against, or correct any misuse of our Site or services, including but not limited to any violation of our Terms of Service.
4.3 Marketing
Where it is in accordance with your marketing preferences, we may use your Customeral Data to contact you in the future for our marketing and advertising purposes, including, without limitation, to inform you about services or events we believe might be of interest to you, to develop promotional or marketing materials and provide those materials to you, and to display content and advertising on the LOCELLI® App that we believe might be of interest to you.
4.4 Merchant User Advertisements
We allow Merchant Users to use the LOCELLI® App and our email tools to contact Registered Users to advertise their products or services, so you may receive messages from our system that originate with such Merchant Users. If you are a Registered User and have used a food outlet that is a Merchant User, your email is available to that Merchant User. See “Opt Out from Electronic Communications” below for information on how to opt out of these communications. We also collect information about your geographic location from you or your device, including your country, region, city, zip code, street address, time zone, latitude, longitude, and horizontal position representation information.
4.5 Other Purposes
If we intend to use any Customeral Data in any manner that is not compatible with the uses disclosed to you in this Privacy Notice or in a different form of communication, you will be informed of such anticipated use prior to or at the time the Customeral Data is collected, or we will obtain your consent subsequent to such collection but prior to such use.
How We Disclose And Transfer Your Customeral Data
5.1 No Sale
We will not sell, rent or share your Customeral Data to or with third parties except for as disclosed in this Privacy Notice. There are, however, certain circumstances in which we may disclose, transfer or share your Customeral Data with certain third parties without further notice to you, as set forth below.
5.2 Business Transfers
We may, from time to time, enter into transactions by which our business as a whole, or parts of our assets, may be acquired or otherwise become controlled by other businesses or organizations. In the event of a joint venture, corporate sale, merger, reorganization, dissolution or similar event, Customeral Data may be part of the assets transferred to, or falling under the control of, another business or organization. In this case, any successor or acquiror business or organization will continue to have the right to use your Customeral Data and other information in accordance with the terms of this Privacy Notice.
5.3 Parent Company, Subsidiaries and Affiliates
We may also share your Customeral Data with our parent company, subsidiaries and/or affiliates for purposes consistent with this Privacy Notice. Our parent company, subsidiaries and affiliates will be bound to maintain that Customeral Data in accordance with this Privacy Notice.
5.4 Agents, Consultants and Service Providers
To the extent that it is, in our judgment, reasonably necessary or expedient for the purposes, or performance, of certain functions described in this paragraph, we may also share your Customeral Data as follows: (i) We may share the Customeral Data of Registered Users with Merchant Users and (ii) the Customeral Data of all Users with our contractors and service providers who process Customeral Data on our behalf to perform certain business-related functions. These companies include our marketing agencies, database service providers, backup and disaster recovery service providers, email service providers and others.
5.5 Facebook and Other Third-Party Connections
You can connect your LOCELLI® account to your accounts on third-party services like Facebook, in which case we may collect, use, disclose, transfer and store/retain information relating to your account with such third-party services in accordance with this Privacy Notice. For example, if you connect with Facebook, we store your Facebook ID, first name, last name, email, location, friends list and profile picture. We use this data to connect with your Facebook account and provide certain functionalities of the Services, such as recommending events that your Facebook friends are interested in and sharing the events you are interested in or are attending with certain groups of people, like your Facebook friends.
5.6 Legal Requirements
We may use your Customeral Data if required to do so by law. For instance, we may disclose your data in order to respond to a subpoena or request from law enforcement, a court or a government agency (including in response to public authorities to meet national security or law enforcement requirements), or in the good faith belief that such action is necessary to (a) comply with a legal obligation, (b) protect or defend our rights, interests or property or that of third parties, (c) prevent or investigate possible wrongdoing in connection with the Services, (d) act in urgent circumstances to protect the customeral safety of Users of the Services or the public, or (e) protect against legal liability. In most of these cases, we will have no obligation or possibility to notify you prior to or after such use of your Customeral Data.
How We Store Your Customeral Data
We may store Customeral Data using facilities under our own control or by using third-party contractors. We take what we believe to be reasonable steps to protect the Customeral Data collected form our Users from loss, misuse, unauthorized use, access, inadvertent disclosure, alteration and destruction. Our measures include physical, administrative, and technical controls. These safeguards include storing your Information on our secure servers behind firewalls and using encryption technology. We do not store your credit card information, which is stored and processed by third-party payment processor services, currently ApplePay and GooglePay. Permission to access Customeral Data of Registered Users and Merchant Users is strictly role-based, and every retrieval or other form of access to Customeral Data is recorded in a log-file. However, no network, server, database, internet or email transmission is ever fully secure or error-free. Thus, please be judicious as to the nature and extent of Customeral Data shared by you with us, our partners or businesses, including that shared through social media, in general.
How You Can Access, Update, Correct or Delete Your Customeral Data
You can request access to some of your Customeral Data being stored by us. You can also ask us to correct, update or delete any inaccurate Customeral Data that we process about you. If you are a Registered User or a Merchant User, you can exercise these rights by logging in and visiting the My Account page. Both Registered Users and unregistered Users may also exercise these rights by contacting us directly through our support center or at the address specified at the end of this Privacy Notice. We will consider and respond to all requests in accordance with applicable law.
How Long We Retain Your Customeral Data for
We may retain certain Customeral Data for as long as you are a Registered User or a Merchant User. n the case of casual Users, we may retain certain Customeral Data for as long as it is, byour judgment, reasonably required or useful to maintain the security and operational functionality of our Site. However, we may retain Customeral Data for an additional period as is permitted or required under applicable laws. Even if we delete your Customeral Data, it may persist on backup or archival media for an additional period of time for legal, tax or regulatory reasons or to satisfy other lawful business requirements. For information regarding how to close your account as a Registered User or Merchant User, please see the applicable Terms of Service or contact us.
Your Choices
You have several choices when you visit our Site or use our services regarding how to limit the amount of Customeral Data you may be disclosing:
10.1 Limit the Customeral Data You Provide
You can browse our Site and use our Services without providing any Customeral Data other than the Technical Data we automatically collect from each visitor. By doing so, or limiting the Customeral Data you disclose, you may not be able to enjoy all of the functionalities of our Site or to open an account, be it as a Registered User or as a Merchant User. For instance, in order to open an account, your name and email address will be required.
10.2 Opt Out from Certain Electronic Communications
(a) LOCELLI® Marketing Communications
Where it is in accordance with your marketing preferences, LOCELLI® may send you electronic communications marketing or advertising our services or offerings featured by our Merchant Users or third parties whose offerings we believe may be of interest to you. Although these electronic communications are sent through our system, in these cases, LOCELLI® does not determine the content or the recipients of these electronic communications. However, you can “opt out” of receiving these electronic communications by clicking on the “Unsubscribe” link at the bottom of any such electronic communication. In addition, you may also manage your email preferences at any time by logging in (or signing up and then logging in), clicking on “Account” and then adjusting your “Email Preferences.”
(b) Social Notifications
If you connect your Facebook account or sign up for other social media integrations whose product features include social notifications (i.e., updates on what your friends are doing using LOCELLI®), you will receive these social notifications. You can manage these social notifications by toggling your social settings to private or disconnecting such integration.
10.3 Do Not Track
We currently do not participate in any “Do Not Track” frameworks that would allow us to respond to signals or other mechanisms from you regarding the collection of your Customeral Data.
Exclusions
11.1 Third-Party Links
We may provide links to third-party websites on our Site or in other communications to you. These links may appear as specific domain names or URLs or may be activated by clicking on an advertisement or other icon, graphic or text. Please be aware that other websites and services, including the websites of third parties that you connect with through the Site, may collect Customeral Data about you. We cannot control and are not responsible for the information collection practices of any third-party websites, services or applications. We encourage you to carefully review their terms of use, privacy notices, and any other legal notifications before using or providing information through such websites, services or applications.
Our Site and our services may employ third-party technologies that require you to accept such a third party’s terms. This Privacy Notice does not cover the information practices of those third-party technologies.
11.2 Aggregated Customeral Data
In an ongoing effort to better understand and serve Users, we may conduct, from time to time, research on our customer demographics, interests and behavior based on Customeral Data and other information that we have collected. This research will be compiled and analyzed on an aggregate basis, and this aggregate information does not identify Users customerally. Thus, we do not consider this use of data as involving Customeral Data.
Children
We do not knowingly collect Customeral Data from children under the age of thirteen (13). If you are under the age of thirteen (13), please do not submit any Customeral Data through our Site. We encourage parents and legal guardians to monitor their children’s internet usage and to help enforce our Privacy Notice by instructing their children never to provide Customeral Data through our Site without a parent or legal guardian’spermission. If you have reason to believe that a child under the age of 13 has provided Customeral Data to us through our Site, please contact us, and we will endeavor to delete that information from our databases.
International Privacy Laws
We do not target customers residing outside of the United States. Our service and our marketing is primarily directed at customers and businesses located in California and adjacent U.S. markets. If you are visiting the Site from outside the United States, please be aware that you are sending information (including Customeral Data) to the United States where our servers are located. That information may then be transferred within the United States or back out of the United States to other countries outside of your country of residence, depending on the type of information and how it is stored by us. These countries (including the United States) may not necessarily have data protection laws as comprehensive or protective as those in your country of residence; however, our collection, storage and use of your Customeral Data will at all times continue to be governed by this Privacy Notice.
Changes to This Privacy Notice
It may be necessary or desirable for us to make changes to this Privacy Notice from time to time in order to meet the evolving needs of our business, among other things. Therefore, we reserve the right, in our sole discretion, to update or modify this Privacy Notice at any time without prior notice. Any such updates and modifications to this Privacy Notice will be communicated by changing the date under the heading “Updated” the top of this Privacy Notice. In certain circumstances, we may provide you with additional notice of such modifications or updates, such as via email or with in-service notifications. Any such updates or modifications will be effective thirty (30) days following the “Updated” date or such other date as communicated in any other notice to you.
Dispute Resolution
If you have a complaint about LOCELLI®’s privacy practices you should write to us at:
LOCELLI® Inc., Attn: Privacy Officer, 1229 Gold Flower, Carlsbad, CA 92011 USA, or by email to privacy@locelli.com. We will take reasonable steps to work with you to attempt to resolve your complaint.
