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ast Updated: January ___, 2025.

Lunchbox Technologies, Inc. (“Lunchbox,” “we,” “us,” or “our”) operates a platform based ordering solution that allows our participating customer restaurants (“Restaurants”) to manage online orders placed by Diners via a Restaurant branded website (“Site”) and/or mobile app (“App”) powered by Lunchbox (such Sites and Apps are collectively referred to herein as the “Digital Ordering Platform”).

This Privacy Policy explains what information, including Personal Data (defined below), we collect, how we use and share that data, and your choices with respect to our collection and processing of your information when you access or use our website located at lunchbox.io, our Digital Ordering Platform, any other website and/or mobile application that links to this Privacy Policy, and all features, functionality, and services we provide in connection therewith, as well as when you contact us or otherwise interact with us directly or through a Restaurant (collectively, the “Services”).

While this Privacy Policy provides you with information about our privacy practices, Lunchbox’s Terms govern our relationship with you, including your transactions on our Digital Ordering Platform and your use of our Services. All capitalized terms used in this Privacy Policy, but not otherwise defined herein, will have the respective definitions given to them in our Terms.

As used in this Privacy Policy, “Personal Data” any information that alone or in combination with other information can be used to reasonably identify you. Anonymous information and information that has been de-identified such that it cannot identify you is not Personal Data. “Service Provider” means a third-party that performs services on behalf of Lunchbox and does not use your Personal Data for their own business purposes, and “Third-Party Provider” means our unaffiliated business partners and third-party providers such as payment processors, social media platforms, and marketing partners (advertisers, advertising networks and platforms) that are utilized by us in connection with the Services. Our Restaurants and Third-Party Providers are not subject to the terms of this Privacy Policy.

Please review this Privacy Policy carefully and CONTACT US if you have any questions regarding this Privacy Policy or our privacy practices.

01. PERSONAL DATA WE COLLECT

We collect information, including Personal Data, from and about you in a number of ways, including directly from you when you provide such Personal Data to us, automatically from you when you use any of our Services, and information about you from our Third-Party Providers.

Information You Provide: We collect Personal Data that you voluntarily submit to us, such as when you create a Lunchbox Account, place an order with a Restaurant through our Digital Ordering Platform, or when you communicate with us such as in an email, a chat, or other form of electronic communication. The Personal Data collected during these interactions includes your name, email address, mobile phone number, physical address, your account and profile information, the content of your communications with us, and the financial information necessary to ensure payments can be processed by our Third-Party Provider payment processors which include but are not limited to Stripe, Inc. (“Stripe”),PAR Payment (“ParTech”), and Finix Payments, Inc. (“Finix”) (“Payment Processors”). Your financial information and associated Personal Data are provided to and processed by our Payment Processor when you place an order on the Digital Ordering Platform and is subject to the applicable terms of services and privacy policy of such Payment Processor. Please review those terms and policies before submitting your financial information for processing.

Information We Automatically Collect From Your Use of the Services: When you visit, use and interact with the Services, we, our affiliated entitles and Service Providers on our behalf, and Third-Party Providers use automated means to collect various types of information, including Personal Data, from and about you. Such information includes:

  • Log data:

    Information that your browser automatically sends whenever you visit the Services, including your Internet Protocol address, browser type and settings, the date and time of your request, and how you interacted with the Services.

  • Cookies/Tracking Technologies:

    Like most online services, cookies and other tracking technologies are used on our Digital Ordering Platform and in connection with our Services.

    Please see the “

    Cookies/Tracking Technologies

    ” section below for more information.

Device information: Includes information regarding the device(s) you use, including IP address, device type, unique device identifies, operating system, and browser you are using. Information collected may depend on the type of device you use and its settings.

  • Location Information:

    Information such as time zone setting and location, device motion information, and precise geolocation information.

  • Usage Information:

    Includes information about how you use our Services, such as the types of content that you view or engage with, the features you use, the actions you take, and the time, frequency and duration of your activities.

  • Transaction Information:

    Includes information about the items and products ordered with Restaurants through our Digital Ordering Platform, order history, items placed in the cart, special instructions included in an order, transaction amounts, promotional codes and discounts used and received, and loyalty account/gift card information for Restaurants.

  • Communication Interaction Data:

    Information from email providers, communication providers and social networks, such as your interactions with our email or other communications (

    e.g.,

    whether you open and/or forward emails from us), click-throughs, date/time stamps, and your preferences and consent in receiving electronic communications.

Information We Obtain From Third Parties: We receive information, including Personal Data, about you from third-party sources, including our Restaurants, Payment Processors, Facebook, Google, and other Third-Party Providers.

02. COOKIES/TRACKING TECHNOLOGIES

We, our Service Providers, and Third-Party Providers use cookies and other tracking technologies such as beacons, tags, and scripts to collect and track information from you when you access and/or use the Services.

Cookies: A “cookie” is a small file that are placed in your browser to collect information about your activities on our Services. Cookies make your experience more convenient and personalized, and help us determine the effectiveness of some of our marketing efforts and communications. The following types of cookies are used in connection with our Services:

  • Essential Cookies.

    These cookies are necessary for the Digital Ordering Platform and Services to function and cannot be switched off in our systems. They are usually only set in response to actions made by you which amount to a request for services, such as setting your privacy preferences, logging in or filling in forms. You can set your browser to block or alert you about these cookies, but some parts of Services will not work.

  • Performance Cookies.

    These cookies allow us to count visits and traffic sources so we can measure and improve the performance of our Services.

    If you do not allow these cookies we will not know when you have visited our Services, and will not be able to monitor its performance.

  • Functional Cookies.

    These cookies enable our Services to provide enhanced functionality and personalization. They may be activated by us or Third-Party Providers whose services we have added to our Services. If you do not allow these cookies then some or all of these services may not function properly.

  • Advertising/Targeting Cookies.

    These cookies are placed on our Services by Third-Party Providers for analytics purposes, to build a profile of your interests, to measure the effectiveness of marketing campaigns, and show you relevant adverts on other websites. They are based on uniquely identifying your browser and internet device. If you do not allow these cookies, you will experience fewer targeted advertisements.

Cookies can be stored on your computer for different periods of time. Some cookies expire after a certain amount of time, or upon logging out (session cookies), others survive after your browser is closed until a defined expiration date set in the cookie (as determined by the Third-Party Provider placing it), and help recognize your computer when you open your browser and browse the Internet again (persistent cookies). For more details on cookies please visit ALL ABOUT COOKIES.

Analytics: We use certain Third-Party Providers to monitor and analyze the use of our Services, including Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google uses the information collected to track and monitor the use of our Services. This data is shared with us and other Google services. For more information on how Google uses this data, go to WWW.GOOGLE.COM/POLICIES/PRIVACY/PARTNERS/.

Push Notifications and SMS: Additionally, if you downloaded and use a mobile app to access our Services, we may ask if you would like to receive push notifications, which may include alerts and notifications, badges, banners, and sounds on your mobile device. You may choose to stop receiving push notifications at any time by changing the settings on your mobile device. If you provide us with your mobile phone number, we may send you SMS text messages about your Lunchbox Account and/or order. Please note that your carrier may charge you for the text messages you receive.

Third-Party Tracking Technologies: We and Third-Party Providers, including Facebook, may also use other technologies, such as clear gifs (a.k.a. web beacons), pixels, session-replay technologies, to track your use on our Services and to collect information about your browsing activities over time and across different websites following your use of the Services and use that information to enhance your experience as well as for targeted advertising and behavioral remarketing purposes.

Online Targeted Advertising. We may allow Third-Party Providers with who we partner to display advertisements on our Services and/or use tracking technologies, including cookies, web beacons, and pixels, to collect information about you when you view or interact with their advertisements or use the Services. These tracking technologies allow such Third-Party Providers to deliver targeted advertisements and gauge their effectiveness. They can also use the information they collect to identify you across devices and browsers.

03. HOW WE USE PERSONAL DATA

We use your Personal Data for the following purposes:

  • To provide and facilitate your engagement with the Services, including to

    create, administer, and manage your Lunchbox Account, to

    process and provide notifications related to your orders, and to personalize and improve your experience with our Services;

  • To respond to your inquiries, comments, feedback or questions;

  • To send administrative information to you, for example, information regarding the Services, and changes to our terms, conditions, and policies;

  • To administer a promotion, contest, sweepstakes, survey or other Services feature;

  • To

    conduct research and perform analytics

    ;

  • To maintain and improve the content and functionality of the Services;

  • To provide marketing and advertising, such as informing you of special offers and products and services that may be of interest to you

    ;

  • To develop new products and services;

  • To prevent fraud, criminal activity, or misuses of our Services, and to ensure the security of our IT systems, architecture and networks;

  • To comply with legal obligations and legal process and to protect our rights, privacy, safety or property, and/or that of our affiliates, users, or other third parties;

  • To manage our business; and

  • Otherwise as described at the time of collection or with your consent.

Aggregated or Anonymized Information. We may create anonymous, aggregated or de-identified data from your Personal Data and other users whose Personal Data we collect. We may use this anonymous, aggregated or de-identified information and share it with third parties for our lawful business purposes, including to analyze and improve the Services and promote our business, provided that no individual user can be readily re-identified.

04. SHARING AND DISCLOSURE OF PERSONAL DATA

We share and disclose your Personal Data with the following third parties:

  • Service Providers:

    To assist us in meeting business operations needs and to perform certain services and functions, we share Personal Data with our Service Providers, including providers of hosting services, cloud services and other information technology services providers, event management services, email communication software and email newsletter services, advertising and marketing services, logistics or delivery services, customer relationship management and customer support services.

  • Restaurants:

    We share your Personal Data with the Restaurant on behalf of which we operate the Digital Ordering Platform in order to fulfill your orders and otherwise in connection with operating our Digital Ordering Platform.

  • Third-Party Providers:

    We share your Personal Data with Third-Party Providers including Payment Processors, as well as adverting and marketing partners to deliver advertising and offers presented to you based on your interactions with the Services and for remarketing purposes

    .

  • Professional Advisors

    :

    We share your Personal Data with our lawyers, auditors, bankers, and insurers, in the course of the professional services they render to us.

  • Business Transactions:

    If we are involved in a merger, acquisition, financing, reorganization, bankruptcy, receivership, sale of all or a portion of our assets, or transition of service to another provider, your Personal Data and other information may be shared in the diligence process with counterparties and others assisting with the transaction and transferred to a successor or affiliate as part of that transaction along with other assets.

    In any such transactions, your Personal Data is a company asset that may be sold or transferred.

  • Legal Requirements:

    We share your Personal Data If required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, including to meet national security or law enforcement requirements, (ii) protect and defend our rights or property, (iii) prevent fraud, (iv) act in urgent circumstances to protect the personal safety of users of the Service, or the public, or (v) protect against legal liability.

  • Affiliates:

    We share your Personal Data with our affiliates, meaning an entity that controls, is controlled by, or is under common control with Lunchbox. Our affiliates may use the Personal Data we share in a manner consistent with this Privacy Policy.

05. DATA RETENTION

We keep your Personal Data for as long as reasonably necessary for the purposes described in this Privacy Policy, while we have a business need to do so, or as required by law (e.g. for tax, legal, accounting or other purposes), whichever is longer.

06. NON-US RESIDENTS

Lunchbox is based in the U.S. and our Services are controlled and operated by us and our Service Providers from the United States. We send information we collect from you, including Personal Data, to our servers in the U.S. where we store and process it in accordance with this Policy. The data protection and other laws of the U.S. might not be as comprehensive as those in your country. By using our Services, you consent to the transfer of your Personal Data to our operations in the U.S. and those third parties with whom we share your Personal Data, as described in this Privacy Policy.

07. CHILDREN

Our Service is not directed to children who are under the age of 16. Lunchbox does not knowingly collect Personal Data from children under the age of 16. If you have reason to believe that a child under the age of 16 has provided Personal Data to us through the Service please CONTACT US and we will endeavor to delete that information from our databases.

08. LINKS TO OTHER WEBSITES AND THIRD-PARTY FUNCTIONALITY

The Services may contain links to other websites, applications, content or other functionality not operated or controlled by Lunchbox, including third party authentication methods (e.g. through your Facebook, Google or Apple accounts) or social media platforms (“Linked Services”). Linked Services are provided for your convenience and are not endorsed by or under the control of Lunchbox. We are not responsible for, and this Privacy Policy does not apply to, the privacy practices of any Linked Services, and you should review the privacy policy of each Linked Service that you visit and use.

09. SECURITY

We implement appropriate technical, administrative, and organizational measures designed to protect your Personal Data that we collect from loss, misuse, and unauthorized access, disclosure, alteration or destruction. However, no physical or technological safeguards are 100% secure, and therefore we cannot guarantee the security of your Personal Data.

10. YOUR CHOICES AND RIGHTS

We provide you with the following choices and rights with respect to the Personal Data that we collect from and about you:

  • Updates/Corrections.

    You may update your Personal Data through your Lunchbox Account profile or you can

    CONTACT US to ask us to update or correct your Personal Data.

  • Cookies and Other Tracking Technologies.

    Y

    ou can manage browser cookies through your browser settings. The 'Help' feature on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, how to block cookies, and when cookies will expire. If you do this, however, you

    may be unable to access certain parts of the Services and you may not be able to benefit from the full functionality of the Services.

    If you access the Services on your mobile device, you may not be able to control tracking technologies through the settings.

    For more details on cookies, please visit https://allaboutcookies.org/.

  • Marketing Communications.

    To update your marketing communication preferences, you can go to your Account settings or you can

    CONTACT US

    . You may also unsubscribe using the link found at the bottom of all marketing and promotional emails.

    However, we will continue to contact you regarding management of your Lunchbox Account, other administrative matters, and to respond to your requests.

  • SMS Messages.

    To stop receiving SMS text messages from us text STOP, CANCEL, or UNSUBSCRIBE in reply to any SMS text message sent by us.

  • Geolocation Information.

    If

    you have consented by enabling location access, we may receive and store your precise location information. You may use our Services without enabling the collection of precise location information from your device; however, this may impact your experience and/or the availability of certain content, features and functionality.

  • Targeted Advertisements.

    Most advertising networks offer you a way to opt out of targeted advertising. To

    learn more about interest-based advertising in general and to opt out, please visit

    //www.aboutads.info/choices

    and

    //www.networkadvertising.org/choices

    . To opt-out of the use of your mobile device ID for targeted advertising, please see

    //www.aboutads.info/appchoices

    .

You may exercise your rights as specified above or you can CONTACT US.

Do Not Track Signals. The "Do Not Track" ("DNT") privacy preference is an option that may be made in some web browsers. Our Services currently do not respond to DNT signals. Please note that DNT is a different mechanism than the browser-based opt out preference signals referenced above.

Additional Rights. Depending on where you live, you may have additional rights with respect to your Personal Data under state law. For example, you may have the right to know what Personal Data we hold about you, to delete your Personal Data from our records, and the right to opt-out of the “sale” of your Personal Data or use for certain purposes. CONTACT US to exercise any such rights applicable to you. We reserve the right to deny your request if we cannot verify your identity or if an exemption or exception applies. We will not discriminate against you for exercising your legal rights.

11. CHANGES TO THIS PRIVACY POLICY

We may change this Privacy Policy from time to time. When we do, we will post an updated version on this page along with the effective date as designated in “Last Updated” section at the top of this Privacy Policy. If we make material changes that meaningfully impact the way we process your Personal Data, we will notify you by via email, posting a prominent notice on our Services, or by other means consistent with applicable law. Please review this Privacy Policy periodically to stay informed regarding updates.

12. CONTACT US

If you have any questions about our Privacy Policy or information practices, please contact us at HELP@LUNCHBOX.IO