Introduction.

At ForkFast, we connect people with the best of their neighborhoods by enabling businesses to meet consumers’ needs of ease and convenience, and, in turn, generate new ways for people to earn, work, and live.

This Privacy Policy (“Policy”) describes how ForkFast, Inc. and its affiliates (“ForkFast”, “we”, “our”, or “us”) collect, process, retain, and disclose your Personal Information when providing its services, including, but not limited to, its consumer platforms, websites, and mobile applications, any website, platform or application that contains or includes a link to this Policy, and channels of communication (collectively the “Services”).

This Policy does not apply to Dashers or other contractors, or to the personnel of Merchants and Vendors, which are subject to separate privacy policies.

What Personal Information does ForkFast collect or process?

Personal Information is any information that ForkFast can reasonably use to identify you, whether that information identifies you on its own or when combined with other information. Anonymous information and information that has been de-identified such that it cannot identify you is not Personal Information.

We may process the following categories of Personal Information in connection with our Services:

• Contact Information, including name, address (such as home address, work address, or other delivery address), email address(es), phone number(s), and other contact information provided to us.
• Account and Profile Information, including username and credentials, privacy settings and notification preferences, pictures, and other information you add to your ForkFast profile, employer name if you are using our Services through our ForkFast for Business (formerly ForkFast for Work) product, any subscription information such as DashPass membership, and identifiers that we may link to an account and information received from third-party platforms or authentication services that are linked to our Services.
• Identification Documentation and Signature for Age-Restricted Products, including driver’s license or other government issued identification documents, which we may process in limited circumstances such as an order for an age-restricted product (such as alcohol) or other products that require age and/or identity verification and for legal and regulatory compliance.
• Communications with ForkFast, Dashers and Merchants, including ****the content of in-app messages with Dashers, communications with Merchants through or in-connection with our Services (including, without limitation, through our and third-party platforms), SMS/text messages, chats, phone calls, and emails with us related to our Services, customer support inquiries and outreach, the date and time of communications, method or channel used, call recordings (if applicable), the outcomes, actions, and/or resolutions from the communications, and other information.
• Content you create or share, including ****reviews about experiences on our platform, such as ratings of a Dasher who delivers an order or about Merchants you order from, or photos you upload.
• Payment Information, including credit card or debit card information and information about the payment methods and services (such as PayPal or Venmo) used to make purchases on or through our Services. Payment information is primarily stored and processed by our third-party service providers, including our payment processors; however, we may store and process limited payment-related information such as the last four digits of a payment card, name of the financial institution, and payment service.
• Activity and Transactions on or with our Services, including information about the items and products ordered, order history, items placed in the cart, special instructions included in an order (e.g., dietary preferences, delivery preferences), transaction amounts, promotional codes and discounts used and received, the Merchants ordered from, gift cards ordered, the features and functionality used or interacted with, searches and actions on our Services (including through using session replay technology), loyalty account information for Merchants, responses to our surveys or other market research activities, participation in sweepstakes, promotions, or contests, photos and/or videos that you may send or provide to us related to your activity and transactions on or with our Services, and use of DashPass, gifts, our referral program or other special programs (including information about those you have sent or received gifts to or from or referred).
• Geolocation Information, if you have consented by enabling location access, we may receive and store your precise location information, including when our apps are running in the foreground (our app is open and on screen) or background (our app is open, not on screen) of your device. You may use our Services without enabling the collection of precise location information from your device; however, this may impact your experience including the accuracy of deliveries and/or the availability of certain content, features and functionality (e.g., you may have to manually enter your delivery address). If you have not allowed us to receive your precise location, we can only determine your approximate location. To opt-out of location sharing after turning it on, follow the steps below:

a. Open the ForkFast consumer mobile app.

b. Tap the account icon at the top right of the screen.

c. Under “Account Settings”, click “Privacy”.

d. Under “Location Access”, click the arrow “>” next to the current choice.

e. You will be taken to the app settings screen for ForkFast. Here, click the “Location” button.

f. Select the option to allow location access as desired. You will also have the choice to turn off precise location sharing.

• Device Information, including ****information about the computers, phones, and other devices you use to interact with ForkFast or our Services, internet-protocol address, device-based identifiers, operating system and version, preferred language, hardware model identifiers, browser information including type and settings, and other device information.
• Information from Co-Branded or Third Party Offers, we may collect information that you use to register for, and your activity with, third parties, in connection with co-branded or third party offers from us and our partners, such as when you enroll for co-branded credit card opportunities with our credit card partners.

Some of the information identified above that you choose to provide us (specifically, government issued identification and your signature, which we receive when we verify age and identity and the authenticity of a submitted government issued ID for certain orders (such as alcohol orders) to prevent fraud and demonstrate legal and regulatory compliance and precise location information, which we receive to facilitate deliveries and certain content, features and functionality within our Services), may be considered sensitive Personal Information under the laws of some jurisdictions. You can turn off ForkFast’s ability to collect and use precise location at any time in your app settings. We do not use any sensitive Personal Information for purposes other than as reasonably expected by an average consumer to provide our Services, for legal, security and safety purposes, and without the purpose of inferring characteristics about an individual. Where legally required, ForkFast will collect and process sensitive Personal Information only with consent. For more information on our processing of government issued IDs and data to verify age and identity and the authenticity of a submitted government issued ID, please see the FAQs available at How is my age verified for alcohol orders?

When we process de-identified information, we maintain and use the information in de-identified form, and do not attempt to re-identify the information, except as permitted by applicable law.

III. How does ForkFast collect or receive Personal Information?

• From Users of our Services: We receive information from users of our Services, such as during account or profile creation and updating, placing an order, participation in surveys, participation in sweepstakes, promotions or contests, creating or posting content such as photos or reviews, contacting us, uploading or syncing your contacts, or signing up for additional Services or programs (e.g., DashPass or our referral or gift programs). If a user provides Personal Information for or about others, such as in connection with our referral or gift programs, the user represents that they have all necessary rights and consents to provide the other person’s Personal Information to us.
• Automatically Through Our Services: When you use our Services, certain Personal Information is collected automatically from your device and browser.
• Through Cookies and Similar Technologies: Cookies are small text files that are placed on your device, commonly through your browser, and that are used to record information such as settings. Depending on your settings, certain of our Services, including our website, may receive information about you from or through cookies or similar technologies (such as pixels or software development kits).
• From our Service Providers: We may receive Personal Information from service providers whom we engage to perform services on our behalf, including communication services providers (e.g., email, SMS/text message, etc.), payment providers and processors (such as PayPal and Venmo), market research services providers, providers of services for promotions, sweepstakes and contests, gift card program providers/vendors, and those that provide us with marketing, advertising, analytics, security, fraud, identity, and age verification services.
• From Partners: We may receive Personal Information from our business partners, such as in connection with co-branded or third party offers you participate in with partnership opportunities available from ForkFast and its business partners (such as co-branded credit cards).
• From Employers: If an employer has signed up for certain programs or Services, such as ForkFast for Business (formerly ForkFast for Work), we may receive certain Personal Information from them to facilitate your use of our Services.
• From Merchants: If a Merchant has integrated its loyalty program with our Services, we may receive Personal Information from the Merchant in connection with such integration, such as to identify users of our Services who are also members of the Merchant’s loyalty program to better target or direct communications about the integration to such users or after a user consents to create a link between the user’s account with our Services and the Merchant’s loyalty program, the Merchant may provide certain Personal Information to enable the user to receive loyalty program benefits and discounts for purchases made through our Services.
• From Legal Claims, Disputes, Requests, and Orders: we may collect Personal Information from third parties or persons, such as law enforcement agencies, government agencies or authorities, users and non-users of our Services, and any other person or party who may be involved in the matter.

IV. How does ForkFast use Personal Information?

Depending on which Services you use and how you interact with us, ForkFast may use your Personal Information (as described in Section II above):

• To Provide and Customize ForkFast Services, including allowing you to place and pay for orders, facilitating the orders you place on or through our Services, recommending and ranking Merchants based on your searches, location, reviews and order history and, if you have uploaded or synched your contacts, based upon where your contacts have ordered (however, we will not provide you with information on where a specific contact(s) ordered or what a specific contact(s) ordered), facilitating participation in promotions, sweepstakes and contests, making promotions, special offers and opportunities available to you, allowing or enabling you to purchase/order our gift cards, displaying reviews, photos and other content you post publicly, and customizing your experience (including, but not limited to, customization based on your preferences, location, and past use of our Services).
• To Provide Customer Support, including by exchanging communications, investigating, analyzing, and remediating support issues including as it relates to delivery of orders, evaluating our customer support and making improvements, and ensuring that support issues are handled in accordance with our internal standards, processes, and requirements and according to applicable law.
• To Develop, Analyze, and Improve our Services, including debugging or troubleshooting our Services, understanding how you and other customers use our Services and your preferences, improving the Services, and developing new Services or initiatives to provide our users with the best experience possible.
• To Advertise and Promote ForkFast and our Services, including displaying advertising related to our Services or Merchants on our Services and on third-party websites and platforms, improving, developing and implementing marketing campaigns, analyzing whether our advertising is effective, and showing you ads that are most relevant to you about ForkFast and our Merchants. To opt-out of ad personalization on third-party platforms, please see information on the right to opt-out of the sale or sharing below.
• To Allow and/or Facilitate Communications with ForkFast, Dashers and Merchants, including communications about our Services, Service updates, orders and account, changes to our terms and policies, and to allow or facilitate communications with ForkFast, Dashers, and Merchants.
• For Authentication, Integrity, Security, Quality and Safety, including verifying your account and identity as applicable to our Services, providing a secure payment and shopping experience, to detect, investigate, and prevent malicious or illegal conduct, bugs, malware, fraudulent activity, illegal or unsafe experiences (such as ensuring age-restricted orders are delivered to the intended recipient), and any other actions we deem necessary to protect your safety and security as well as that of other people, property, and businesses, and to secure our Services.
• For Legal Reasons and Policy Compliance, including to comply with our obligations under applicable law and to respond to valid legal process (e.g., requests or orders from law enforcement, courts, regulators and other government agencies), to investigate or participate in civil discovery, litigation, or other adversarial legal proceedings, to enforce or investigate potential or actual violations of our terms, policies or other legal agreements, to investigate, monitor or mitigate any actual or alleged illegal activities in connection with our Services, to comply with any tax obligations, to perform audits and assessments, and to enable you to exercise your rights as legally required.

V. ForkFast’s disclosure of Personal Information.

Depending on which ForkFast Services you use or interact with, ForkFast may provide or disclose Personal Information (as described in Section II above) as follows:

• To Service Providers: ****To enable us to meet our business operations needs and to perform our Services, we may provide Personal Information to our service providers and vendors, including, but not limited to, providers of identification and verification services, cloud services, payment services, gift card program services, auditing services, security services, marketing and advertising services, promotions, sweepstakes and contest services, market research services, communication services, analytics services that help us understand usage of our Services, market enrichment services, location and mapping services, and customer support functions. These service providers may access, store and process your personal information outside of the jurisdiction in which you reside, including, without limitation, outside of Australia, Canada (and if you reside in the Province of Quebec, outside of Quebec), New Zealand and the United States.
• To Dashers: To facilitate the delivery of your orders, we disclose some information to Dashers who deliver orders, such as recipient’s name (such as first name and last initial), delivery address, location information through the Dasher app (if location sharing is turned on), masked telephone number, order information (which may include information on products purchased), and user instructions (e.g., special and/or delivery instructions). For verification purposes, we may ask that an order recipient disclose a PIN to a Dasher that is provided in the order receipt or confirmation to verify the delivery of the order.
• To Merchants: We disclose Personal Information to Merchants in connection with the Services including, without limitation, disclosing Personal Information for the preparation of the order (such as making the food item, selecting and preparing the product or good), facilitating the delivery (whether by a Dasher or by a Merchant’s delivery service), for fraud, trust, and safety concerns or matters (such as in connection with orders of age-restricted products or items), and in connection with a Merchant’s loyalty program if you choose to link your account with our Services to a Merchant’s loyalty program. By placing an order, you acknowledge and agree that, if the Merchant is responsible for the delivery of an order, the Merchant may use your Personal Information to facilitate the delivery of the order to you (including using your contact information to communicate with you via phone calls, emails and/or SMS/text messages about the order and delivery). The Merchant is solely liable and responsible for all communications initiated or sent by the Merchant to you. If you are picking up an order from a Merchant who is using a ForkFast provided tablet or device and you have enabled the collection and processing of location information, we may use your location information to let the merchant know that you have arrived or are close to arriving to pick-up your order.
• Publicly: We display content and information that you share publicly or permit or authorize us to share publicly, such as reviews about Merchants or photos of things you have ordered, so that others can read and learn about your experiences with Merchants on our platform and our Services.
• To Marketing and Advertising Partners: ****We may use third-party marketing and advertising partners to deliver advertising to you on behalf of ForkFast and/or our Merchants, including advertising that may be personalized based on your interactions with our Services as well as your activity on third-party services.
• For Actual or Potential Corporate Transactions: If we are involved in strategic transactions including any sale, merger, acquisition, joint venture, assignment, transfer, reorganization, bankruptcy or receivership, we may disclose your Personal Information and other information 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.
• To Government Authorities or where Legally Required or Permitted: We and our service providers (including domestic and foreign service providers) may share your Personal Information, including information about your interaction with our Services, with third parties such as government authorities, industry peers, or other third parties if legally required or permitted, or as necessary to enforce our agreements, prevent fraud, or protect the rights, property, or safety of our business, employees, merchants, Dashers, customers, or other persons or parties. These disclosures may include lawful access by US or foreign courts, law enforcement, or other government authorities.
• ForkFast’s Group of Companies: We may disclose your Personal Information to our corporate subsidiaries and affiliates in connection with our Services and business activities for use in connection with the purposes and uses described in this Policy.
• Other Third Parties or Persons: We may disclose or provide your Personal Information to other third parties or persons, such as with your consent or at your direction, including to individuals to whom you send a gift through our gift program or to whom you refer ForkFast or the Services, in connection with co-branded opportunities, in connection with you linking accounts with third parties to your account with us or signing into your account with us through third-parties, or to your employer if you are using our Services through your employer’s use of our ForkFast for Business service (formerly ForkFast for Work).

VI. Cross-Border Transfers of Personal Information.

The Personal Information processed in connection with this Policy, including, without limitation, by us and/or our third-party service providers, may be stored and processed on systems and servers and accessed by persons and parties, located outside of the jurisdiction where you live (including, without limitation, outside of Australia, Canada (including outside of the province in which you live), New Zealand and the United States), including storing, accessing, and processing the Personal Information in the United States and other global locations whose data protection laws may differ from those where you live.

X. Personal Information from Children.

Our Services are not intended for individuals under the age of majority in the applicable jurisdictions, which includes for clarification, that our Services are not intended for individuals under the age of 18. Therefore, we do not knowingly process Personal Information from individuals under 18 years old. For clarification, ForkFast also does not have knowledge that it sells or shares the Personal Information of consumers under 16 years of age. For clarification, we do not knowingly collect Personal Information of or about individuals living in the Province of Quebec, Canada who are under the age of 14. If a parent or legal guardian of a child under the applicable legal age believes that we have collected Personal Information from or about such an individual, please contact us at privacy@forkfast.com.

VII. Third-Party Sites.

Our Services may link to other third-party websites that are not controlled by ForkFast, such as when you sign up for a loyalty card on a Merchant’s website. These third parties are not under our control and we are not responsible for their privacy policies or practices. If you provide any Personal Information to any third party or through any such third-party websites, it will be subject to the privacy policies and practices of that third party.