This Privacy Policy describes our policies on the collection, use, and disclosure of information about you in connection with your use of our services (as defined in Mom’s Kitchen Terms and Condition), including those offered through our websites, and mobile or software applications and other online services (collectively, the "Services"). The terms "we", "us", "our", and "Mom’s Kitchen" refer to momskitchenapp.com, order.momskitchenapp.com, a website and mobile app or software applications (jointly referred as “Website”) owned by Mom’s Kitchen. When you use the Services, you consent to our collection, use, and disclosure of information about you as described in this Privacy Policy.
We at Mom’s Kitchen know that you take your privacy seriously. We do, too. We are committed to giving you transparency of our privacy practices.
This policy applies only to information we collect through our Services, in email, text and other electronic communications sent through or in connection with our Services.
Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Services. By accessing or using our Services, you agree to this privacy policy. This policy may change from time to time, your continued use of our Services after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.
1. INFORMATION WE COLLECT AND HOW WE USE IT
We may collect and store several types of information from and about users of our Services. We use the information to fulfil your requests, provide the Service’s functionality, improve the Service’s quality, personalize your experience, track usage of the Services, provide feedback to third party businesses that are listed on the Services, display relevant advertising, market the Services, provide customer support, message you, back up our systems and allow for disaster recovery, enhance the security of the Services, and comply with legal obligations.
Among the information we collect, please note:
Account Information: If you create an account on Mom’s Kitchen, we may store and use your full name, business, email address, delivery address, zip code, and other information you may provide with your account, such as your gender, birth date, mobile phone number and website. Your first name and last initial, as well as any photo you submit through the registration process, will be publicly displayed as part of your account profile. You may optionally provide us with this information through third-party sign-in services such as Facebook and Google. In such cases, we fetch and store whatever information is made available to us by you through these sign-in services. You can modify some of the information associated with your account here. If you believe that someone has created an unauthorized account depicting you or your likeness, you can request its removal by contacting us.
Public Content: The information that you provide through the Services is intended for public consumption, including your reviews ratings, tips, searches, photos, videos, comments, likes, bookmarks, friends, lists, followers, the users you follow, current and prior kitchen partner details, food ordering details and history, favorite kitchen partner, special kitchen requests, contact information of people you add to, or notify of, your kitchen/order/subscription through our Services, names, and other information you provide on our Services, and other information in your account profile. We may display this information through the Services, share it with businesses, and further distribute it to a wider audience through third party sites and services.
Contacts: You can invite your friends to join the Services by providing us with their contact information, or by allowing us to access your contacts from your computer, mobile device, or third party sites to select which friends you want to invite. If you allow us to access your contacts, we may transmit that information to Mom’s Kitchen long enough to process your invitations.
Communications: When you sign up for an account or use certain features, you are opting to receive messages from other Mom’s Kitchen users, businesses, and Mom’s Kitchen itself. You can manage some of your messaging preferences, but note that you cannot opt out of receiving certain administrative, transactional, or legal messages from Mom’s Kitchen. For example, if you make a purchase through the Services, we may send you messages about your purchase using the contact information you provide, including SMS text messages to your phone. We may also track your actions in response to the messages you receive from Mom’s Kitchen or through the Services, such as whether you deleted, opened, or forwarded such messages. If you exchange messages with others through the Services, we may store them in order to process and deliver them, allow you to manage them, and we may review and disclose them in connection with investigations related to the operation and use of the Services. We may not deliver messages that we believe are objectionable, such as spam messages or requests to exchange reviews for compensation. If you send or receive messages through the Services via SMS text message, we may log phone numbers, phone carriers, and the date and time that the messages were processed. Carriers may charge recipients for texts that they receive. We may also store information that you provide through communications to us, including from phone calls, letters, emails and other electronic messages, or in person. If you are a representative of a business/kitchen/restaurant listed on Mom’s Kitchen, including users of Mom’s Kitchen, we may contact you, including by phone or email, using the contact information you provide us, make publicly available, or that we have on record for your business.
Transactional Information: If you initiate a transaction through the Services, such as a purchase or subscribe, we may collect and store information about you, such as your name, phone number, address, email, and billing information and credit or payment card information, as well as any other information you provide to us, in order to process your transaction, send communications about them to you, and populate forms for future transactions. This information may be shared with third parties for the same purposes. Mom’s Kitchen does not disclose your personal information to third parties for the purpose of directly marketing their services to you unless you first agree to such disclosure. When you submit credit card/debit card numbers, we encrypt that information using industry standard technology. We use different payment gateways for processing payments. Our payment gateways do not store your card data on their servers. The data is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS) when processing payment. Your purchase transaction data is only used as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is not saved. If you write reviews about businesses with which you transact through the Services, we may publicly display the fact that you transacted with those businesses. For example, if you ordered food and write a review about your experience, we may publicly display the fact that you ordered food through the Services.
Payment Card Information: To use certain of our Services, such as to order food from certain kitchen and to make payments to certain kitchen, we may require credit or debit card account information. By submitting your credit or debit card account information through our Services, you expressly consent to the sharing of your information with kitchen, third-party payment processors, and other third-party service providers (including but not limited to vendors who provide fraud detection services to us and other third parties), and you further agree to the following terms:
• When you use a credit or debit card to order food through our Sites, we provide your credit or debit card account information (including card number and expiration date) to our third-party payment service providers and the applicable kitchen/restaurant.
• When you initially provide your credit or debit card account information through our Services in order to use our kitchen/restaurant payment services, we provide your credit or debit card account information to our third-party payment service providers. As explained in our Terms of Use, these third parties may store your credit or debit card account information so you can use our kitchen/restaurant payment services through our Services in the future.
• For information about the security of your credit or debit card account information, see the Security section below.
Activity: We may store information about your use of the Services, such as your search activity, the pages you view, the date and time of your visit, businesses you call using our mobile applications, and purchases you make or accept through the Services. We also may store information that your computer or mobile device provides to us in connection with your use of the Services, such as your browser type, type of computer or mobile device, browser language, IP address, mobile carrier, phone number, unique device identifier, advertising identifier, location (including geolocation, beacon based location, and GPS location), and requested and referring URLs. You may be able to disallow our use of certain location data through your device or browser settings, for example by disabling “Location Services” for the Mom’s Kitchen application in iOS privacy settings.
Affiliate Program: If you are allowed to join Mom’s Kitchen's Affiliate Program and you sign up for it, you will have to provide us with certain Personal Information to enable us to provide the Affiliate Program to you.
Usage Information: Details of your use of our Services, including traffic data, location data, logs and other communication data and the resources that you access and use on or through our Services.
Computer And Device Information: Information about your computer, Internet connection and mobile device, including your IP address, operating systems, platforms, browser type, other browsing information (connection, speed, connection type etc.), device type, device’s unique device identifier, mobile network information and the device’s telephone number.
Stored Information and Files: Our applications also may access metadata and other information associated with other files stored on your mobile device. This may include, for example, photographs, audio and video clips, personal contacts and address book information.
Location Information: We collect real-time information about the location of your device, as permitted by you. Also when you use one of our location-enabled services (for example, when you access Services from a mobile device), we may collect and process information about your mobile device’s GPS location (including the latitude, longitude or altitude of your mobile device) and the time the location information is recorded to customize the Services with location-based information and features (for example, to inform you about kitchen in your area or applicable promotions). Some of these services require your personal data for the feature to work and we may associate location data with your device ID and other information we hold about you. We keep this data for no longer than is reasonably necessary for providing services to you. If you wish to use the particular feature, you will be asked to consent to your data being used for this purpose. You can withdraw your consent at any time by disabling the GPS or other location-tracking functions on your device, provided your device allows you to do this. See your device manufacturer’s instructions for further details.
Last URL Visited: The URL of the last web page you visited before visiting our websites.
Mobile Device IDs: Unique mobile device identifier (e.g. IDFA or other device IDs on Apple devices like the iPhone and iPad), if you’re using our Services on a mobile device, we may use mobile device IDs (the unique identifier assigned to a device by the manufacturer), instead of cookies, to recognize you. We may do this to store your preferences and track your use of our applications. Unlike cookies, mobile device IDs cannot be deleted. Advertising companies may use device IDs to track your use of our applications, track the number of advertisements displayed, measure advertising performance and display advertisements that are more relevant to you. Analytics companies may use mobile device IDs to track your usage of our applications.
Mobile Status: For mobile application users, the online or offline status of your application.
Applications: If you use the Mom’s Kitchen application, Mom’s Kitchen may collect information about the presence and/ or absence and/ or details pertaining to other applications on your mobile phone. The applications we gather information for, may vary across Services including, without limitation, subscription order and food ordering. This will help us understand you and your preferences better and enable Mom’s Kitchen to provide you with a personalized experience.
Anonymous or De-Identified Data: We may anonymize and/or de-identify information collected from you through the Services or via other means, including via the use of third-party web analytic tools as described below. As a result, our use and disclosure of aggregated and/or de-identified information is not restricted by this Privacy Policy, and it may be used and disclosed to others without limitation.
2. COOKIES
We, and third parties with whom we partner, may use cookies, web beacons, tags, scripts, local shared objects such as HTML5 and Flash (sometimes called "flash cookies"), advertising identifiers (including mobile identifiers such as Apple’s IDFA or Google’s Advertising ID) and similar technology ("Cookies") in connection with your use of the Services, third party websites, and mobile applications. Cookies may have unique identifiers, and reside, among other places, on your computer or mobile device, in emails we send to you, and on our web pages. Cookies may transmit information about you and your use of the Services, such as your browser type, search preferences, IP address, data relating to advertisements that have been displayed to you or that you have clicked on, and the date and time of your use. Cookies may be persistent or stored only during an individual session.
The purposes for which we use Cookies in the Services include:
• Processes: Intended to make the Services work in the way you expect. For example, we use a Cookie that tells us whether you have already signed up for an account.
• Authentication, Security, and Compliance: Intended to prevent fraud, protect your data from unauthorized parties, and comply with legal requirements. For example, we use Cookies to determine if you are logged in.
• Preferences: Intended to remember information about how you prefer the Service to behave and look. For example, we use a Cookie that tells us whether you have declined to allow us to use your phone’s geolocation data.
• Notifications: Intended to allow or prevent notices of information or options that we think could improve your use of the Services. For example, we use a Cookie that stops us from showing you the signup notification if you have already seen it.
• Advertising: Intended to make advertising more relevant to users and more valuable to advertisers. For example, we may use Cookies to serve you interest-based ads, such as ads that are displayed to you based on your visits to other websites, or to tell us if you have recently clicked on an ad.
• Analytics: Intended to help us understand how visitors use the Services. For example, we use a Cookie that tells us how our search suggestions correlate to your interactions with the search page.
Managing Cookies: It may be possible to disable some (but not all) Cookies through your device or browser settings, but doing so may affect the functionality of the Service. The method for disabling Cookies may vary by device and browser, but can usually be found in preferences or security settings. For example, iOS and Android devices each have settings which are designed to limit forms of ad tracking. For flash cookies, you can manage your privacy settings by clicking here. Please note that changing any of these settings does not prevent the display of all advertisements to you.
3. THIRD PARTIES
Third parties may receive information about you as follows:
a. Advertisers: We may allow third parties to use Cookies through the Services to collect the same type of information for the same purposes as Mom’s Kitchen does for itself. In doing so, Mom’s Kitchen adheres to the Digital Advertising Alliance’s Self-Regulatory Principles for Online Behavioral Advertising. Third parties may be able to associate the information they collect with other information they have about you from other sources. We do not necessarily have access to or control over the Cookies they use, but you may be able to opt out of some of their practices by visiting the following links: Network Advertising Initiative, Omniture, Digital Advertising Alliance and PrivacyChoice. Please note that opting out does not prevent the display of all advertisements to you. Additionally, we may share non-personally identifiable information from or about you with third parties, such as location data, advertising identifiers, or a cryptographic hash of a common account identifier (such as an email address), to facilitate the display of targeted advertising. You may be able to limit our sharing of some of this information through your mobile device settings, as described in Section 2 above.
b. Service Providers: We rely on third party kitchen ("Kitchen Partner") to provide you food ordering/delivering services. When you execute online food ordering transaction through our Services, your information is provided to us and to the kitchen with whom you choose to order. In order to facilitate your online food order processing, we provide your information to that kitchen in a similar manner as if you had made a food order directly with the kitchen/restaurant. If you provide a mobile phone number, kitchen partner or Mom’s Kitchen may send you text messages regarding your order’s delivery or takeaway status. When you make an online food ordering transaction through our Services and/or make a payment to a kitchen through our Services, we may also share with the kitchen additional information, such as information about your food preferences and history or information that we collect from third-parties. Information you choose to share with a kitchen when you order food and/or pay a kitchen through our Services may be used by the kitchen for its own purposes. We do not control the privacy practices of kitchen Partners. Please contact the kitchen/restaurant directly if you want to learn about its privacy practices. We may also rely on third party providers to perform certain services for us in connection with your use of the Services, such as communications and hosting services, network security, technical and customer support, map, tracking and reporting functions, quality assurance testing, payment processing, our own marketing of the Services, and other functions. We may share information from or about you with these third party providers so that they can perform their services or complete your requests. These third party providers may share information with us that they obtain from or about you in connection with providing their services or completing your requests. Third party providers may also share this information with their subsidiaries, joint ventures, or other companies under common control. Some of our web pages utilize framing techniques to serve content to you from our third party providers, while preserving the look and feel of the Services. In such cases, please note that the information you provide is being provided to the third party. We may share information about you with our vendors/ Service Providers only to enable them to perform their services.
c. Aggregate Information: We may share user information in the aggregate with third parties, such as advertisers and content distributors. For example, we may disclose the number of users that have been exposed to, or clicked on, advertisements.
d. Partners: In addition to the data sharing, we enter into relationships with a variety of businesses and work closely with them. In certain situations, these businesses provide services to you sell items or provide promotions to you through the Services. In other situations, Mom’s Kitchen provides services, or sells items jointly with these businesses. You can easily recognize when one of these businesses is associated with your transaction, and we will share your Personal Information that is related to such transactions with that business.
e. Affiliated Businesses: We work closely with affiliated businesses. In some cases, such as Marketplace sellers, these businesses operate stores at Mom’s Kitchen or sell offerings to you at Mom’s Kitchen. In other cases, we provide services jointly with or on behalf of these businesses. You can easily recognize when a third party is involved in your transactions and we will share Personal Information related to those transactions with that third party.
f. Business Transfers: We may share information from or about you with our parent companies, subsidiaries, joint ventures, or other companies under common control, in which case we will require them to honor this Privacy Policy. If another company acquires Mom’s Kitchen or all or substantially all of our assets or if Mom’s Kitchen is involved in any merger, acquisition, reorganization, sale of assets or bankruptcy or insolvency event, then we may sell, transfer or share some or all of our assets, including your Personal Information. In this event, that company will possess the same information, and will assume the rights and obligations with respect to that information as described in this Privacy Policy.
g. Businesses on Mom’s Kitchen: We may share information from or about you (such as your age and gender), your devices, and your use of the Services (such as which businesses you purchased, bookmark or call) with businesses listed on Mom’s Kitchen. Keep in mind that businesses may see your Public Content and receive information about your transactions , regardless of your settings. Additionally, if you make a phone call to a business through or in connection with your use of the Services, we may share information about your call with the business that the business would have received had you called them directly, such as the date and time of your call and your phone number. You may be able to limit our ability to collect and share your phone number through your phone’s settings or phone service provider.
h. Investigations: We may investigate and disclose information from or about you if we have a good faith belief that such investigation or disclosure (a) is reasonably necessary to comply with legal process and law enforcement instructions and orders, such as a search warrant, subpoena, statute, judicial proceeding, or other legal process served on us; (b) is helpful to prevent, investigate, or identify possible wrongdoing in connection with the Services; or (c) protects our rights, reputation, property, or that of our users, affiliates, or the public, such as disclosures in connection with our Consumer Alerts program. If you flag or otherwise complain to Mom’s Kitchen about content through the Services, we may share the substance of your complaint with the contributor of that content in order to provide an opportunity for the contributor to respond.
i. Links: The Services may contain links to unaffiliated third party services and /or websites. Except as set forth herein with this privacy policy, we do not share your personal information with them, and are not responsible for their contents or privacy practices. We strongly suggest you read the privacy policies on or applicable to all such third party services.
j. Social Networks: If you Login or Register for Mom’s Kitchen using your Facebook account or link your Mom’s Kitchen account to your account with a third party service like Facebook, Twitter or Google, we may receive information about you from such third party service. We may use this information to help you create your account on Mom’s Kitchen and connect and share public content with your friends and followers. You can manage how you link your Mom’s Kitchen account to third party services here. Please note that if you interact with Facebook, Twitter, Google, or other third party icons through the Service, including "Like," "Share," or similar buttons, those companies may collect information about you, such as your device’s IP address. Your interactions with these and other third parties are governed by the third parties’ privacy policies.
k. Analytics: To help us better understand your use of the Services, we may use third-party web analytics on our Services, such as Google Analytics. These service providers use the sort of technology described in the “Automatically-Collected Information” Section above. The information collected by this technology will be disclosed to or collected directly by these service providers, who use the information to evaluate our users’ use of the Services. We also use Google Analytics as described in the following section. To prevent Google Analytics from collecting or using your information, you may install the Google Analytics Opt-Out Browser Add-on.
4. CONTROLLING YOUR PERSONAL DATA
Other users may be able to identify you, or associate you with your account, if you include personal information in the content you post publicly. You can reduce the risk of being personally identified by using the Services pseudonymously, though doing so could detract from the credibility of your contributions to the Services. Users can also use the Find Friends feature to find one another based on their names or email addresses.
Please also note that the messages you send or receive using the Services are only private to the extent that both you and the person you are communicating with keep them private. For example, if you send a message to another user, that user may choose to publicly post it. Also, Mom’s Kitchen may access and disclose such messages in the course of investigations relating to use of the Services.
5. DATA RETENTION AND ACCOUNT TERMINATION
You can request close your account. For requesting to close your account, please contact us. We will remove your public posts from view and/or dissociate them from your account profile, but we may retain information about you for the purposes authorized under this Privacy Policy unless prohibited by law. Thereafter, we will either delete your personal information or de-identify it so that it is anonymous and not attributed to your identity. For example, we may retain information to prevent, investigate, or identify possible wrongdoing in connection with the Services or to comply with legal obligations. Please note, if you delete your user contributions from our websites, copies of your user contributions may remain viewable in cached and archived pages, or might have been copied or stored by other users of our website. Proper access and use of information provided on our website, including user contributions, is governed by our Terms of Service.
JOB APPLICANTS
If your information is submitted to us through our Services when applying for a position with our company, the information will be used to consider your application. We may retain your information for any period of time. This information may be shared with other companies for the purpose of evaluating your qualifications for the particular position or other available positions, as well as with third-party service providers retained by us to collect, maintain and analyze candidate submissions for job postings.
6. CHILDREN
The Services is intended for general audiences and is not directed to children under 13. We do not knowingly collect personal information from children under 13 or market to or solicit information from anyone under the age of 13. If you become aware that a child has provided us with personal information without parental consent, please contact us here. If we become aware that a child under 13 has provided us with personal information without parental consent, we take steps to remove such information and terminate the child's account as soon as possible.
7. SECURITY
The security of your Personal Information is important to us. Mom’s Kitchen strives to ensure the security of Your Personal Information and to protect Your Personal Information against unauthorized access or unauthorized alteration, disclosure or destruction. For this purpose, Mom’s Kitchen adopts internal reviews of the data collection, storage and processing practices and security measures, including appropriate encryption and physical security measures to guard against unauthorized access to systems where Mom’s Kitchen stores Your Personal Information. Each of the Mom’s Kitchen entity shall adopt reasonable security practices and procedures as mandated under applicable laws for the protection of Your Information. Provided that your right to claim damages shall be limited to the right to claim only statutory damages under Information Technology Act, 2000 and you hereby waive and release all Mom’s Kitchen entities from any claim of damages under contract or under tort.
Please note:
a. If you choose a payment gateway to complete any transaction on Website then Your credit card/debit card data may be stored in compliance with industry standards/ recommended data security standard for security of financial information such as the Payment Card Industry Data Security Standard (PCI-DSS).
b. Mom’s Kitchen may share your Information with third parties under a confidentiality agreement which inter alia provides for that such third parties not disclosing the Information further unless such disclosure is for the Purpose. However, Mom’s Kitchen is not responsible for any breach of security or for any actions of any third parties that receive Your Personal Information. Mom’s Kitchen is not liable for any loss or injury caused to you as a result of you providing Your Personal Information to third party (including any third party websites, even if links to such third party websites are provided on the Website).
c. Notwithstanding anything contained in this Policy or elsewhere, Mom’s Kitchen shall not be held responsible for any loss, damage or misuse of Your Personal Information, if such loss, damage or misuse is attributable to a Force Majeure Event (as defined in Section 7(d) below).
d. A "Force Majeure Event" shall mean any event that is beyond the reasonable control of Mom’s Kitchen and shall include, without limitation, sabotage, fire, flood, explosion, acts of God, civil commotion, strikes or industrial action of any kind, riots, insurrection, war, acts of government, computer/server hacking, unauthorized access to computer, computer system or computer network, computer crashes, breach of security and encryption (provided beyond reasonable control of Mom’s Kitchen), power or electricity failure or unavailability of adequate power or electricity.
e. We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. However, you acknowledge that no method of transmission over the Internet or via mobile device, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security and thereby usage in a manner that is inconsistent with this Privacy Policy.
8. DISPUTE RESOLUTION
If you believe that Mom’s Kitchen has not adhered to this Privacy Policy, you may contact us
9. INTERNATIONAL DATA TRANSFER
The information we obtain from or about you may be transfer, processed and stored in India and our other various servers located across the globe, which may provide for different data protection rules than the country in which you reside. Please note that laws vary from jurisdiction to jurisdiction, and so the privacy laws applicable to the places where your information is transferred to or stored, used or processed in, may be different from the privacy laws applicable to the place where you are resident. By using the Services, you consent to the collection, transfer, use, storage and disclosure of your information as described in this Privacy Policy, including to the transfer of your information outside of your country of residence.
10. MODIFICATIONS TO THIS PRIVACY POLICY
We may revise this Privacy Policy from time to time. We may also change how we collect and then use Personal Information at any time and without prior notice, at our sole discretion. The most current version of the Privacy Policy will govern our collection, use, and disclosure of information about you. If we make material changes to this Privacy Policy, we will notify you by email or by posting a notice on the Service prior to the effective date of the changes. We will also update the "Last Updated Date" at the top of this Privacy Policy. Please review the changes carefully. By continuing to access or use the Service after those changes become effective, you agree to the revised Privacy Policy.
11. CALIFORNIA RESIDENTS: YOUR CALIFORNIA PRIVACY RIGHTS
Mom’s Kitchen does not disclose your personal information to third parties for the purpose of direct marketing their services to you unless you first agree to such disclosure. If you have any questions regarding this policy, or would like to change your preferences, you may contact us by the methods listed above in Section 8.
12. QUESTIONS OR CONCERNS
If you have any questions or concerns regarding privacy using the Services, please contact us. We will make every effort to resolve your concerns.
