Effective Date: 09/09/2024
1.1 Customer Contact Information: SemperFoodie Delivery LLC ("Semper Foodie," "we," "our," or "us") collects personal information, including but not limited to name, phone number, address, and email, which you provide voluntarily. This information is used for the following purposes:
To communicate with you regarding your order.
To share with the restaurant and any driver for the fulfillment of your order.
1.2 Browser and Technical Information: We may collect technical information such as IP address, pages visited, and browser type to:
Address technical issues.
Improve our website functionality.
1.3 Financial Information: For transaction processing, we collect financial information, including credit card numbers and billing addresses. Such data may be stored for future use only upon your explicit consent or used solely for the current transaction. You can manage or request deletion of your stored financial data by contacting us at semperfoodie22@gmail.com.
2. Statistical Information About Your Visit
2.1 Data Collection: Upon visiting our website, we may collect data such as IP address, pages visited, and browser type to:
Enhance site performance.
Optimize user experience.
2.2 Data Retention: Statistical data will be retained for no longer than necessary to achieve the purposes described. You can request details about data retention periods by contacting us at semperfoodie22@gmail.com.
3. Use of Your Personal Information
3.1 Purpose of Use: Your personal information may be used to:
Facilitate website navigation and reduce redundant data entry.
Assist in locating services or information.
Notify and assist in resolving errors.
3.2 Disclosure: We may disclose your personal information:
To comply with legal obligations.
To protect our rights or property.
In emergency situations to safeguard our website, employees, or the public. Emergency situations are defined as situations where immediate action is required to prevent harm or damage.
3.3 Third-Party Disclosure: We will not disclose your personal information to third parties beyond the scope of these purposes without your explicit consent.
4. Control of Your Personal Information
4.1 Privacy and Consent: We do not sell, transfer, or disclose your personal information to third parties without your explicit consent, except as required by law. Specific third parties who may receive your information include our service providers and partners who assist in delivering our services.
4.2 Opt-Out: You may opt out of marketing communications or other non-essential uses of your personal information at any time by contacting us at semperfoodie22@gmail.com. This does not affect transactional or service-related communications.
5. Security of Your Personal Information
5.1 Security Measures: We implement security measures to protect your personal information, including:
SSL encryption during registration and checkout.
Firewalls to protect stored data.
Restricted access to authorized personnel only.
5.2 Employee Compliance: All employees are required to adhere to these security measures. Violations of this policy are subject to disciplinary procedures, which may include termination. Breaches are communicated to affected users within 72 hours.
6. Use of Cookies and Analytics
6.1 Cookies: We use cookies to:
Improve user experience by saving addresses and cart items.
Enhance functionality without containing personally identifiable information.
6.2 Third-Party Cookies and Analytics: We may use third-party cookies and analytics tools to improve site performance.You may adjust your browser settings to manage cookies.
7. Changes to Our Privacy Policy
7.1 Policy Updates: We may update this Privacy Policy from time to time. Changes will be:
Reflected in this policy.
Notified via email or our Facebook page for significant changes.
7.2 Minor Changes: Minor changes will be updated on the Facebook page, and users are encouraged to review the policy periodically.
8. Fee Disclosure
8.1 Fees for Services: SemperFoodie Delivery LLC ("Semper Foodie") may adjust the fees we charge as necessary or appropriate, including but not limited to Delivery Fees, Service Fees, Order Change Fees, Credit Card Fees, Software Fees, and Surge Fees. We will notify you of fee changes via our Facebook or through our platform. Additional fees may apply as required by law.
8.2 Merchant Fees: We may charge Merchants fees for orders placed through our services, including commissions and related fees, which may be adjusted as needed or to comply with applicable laws.
9. Hold Harmless Agreement
9.1 Indemnification: By using our services, you agree to indemnify and hold harmless SemperFoodie Delivery LLC, its affiliates, employees, contractors, and partners from any claims, damages, or losses arising from:
Data breaches.
Delivery delays due to weather, road conditions, or traffic.
Inaccurate information provided by customers.
Meal preparation errors by restaurants, merchants, or food trucks.
9.2 Liability Limits: Indemnification does not extend to damages caused by gross negligence or willful misconduct by SemperFoodie Delivery LLC.
10. Handling Disputes
10.1 Reporting Disputes: In the event of a dispute:
Report the issue to your driver.
The driver will contact dispatch.
Dispatch will address Semper Foodie-related concerns and restaurant errors.
10.2 Escalation: If the issue remains unresolved, escalate to semperfoodie22@gmail.com. We aim to resolve disputes within 7 business days during office hours (9 AM – 5 PM MST, Monday to Friday).
10.3 Theft: SemperFoodie Delivery LLC is not responsible for theft of food after delivery to the specified address.
10.4 Dispute Resolution: Disputes involving both the driver and restaurant will be handled in coordination with the relevant parties to ensure fair resolution.
11. General Conditions
11.1 Order Finality: Once an order is placed, it is final and non-returnable. We are not liable for delays due to traffic, weather, or incorrect delivery information. An additional fee may apply for return trips if no one is present at delivery.
11.2 Sales Products: Menu items and prices are subject to change. Sales tax will be added in accordance with Utah law.
11.3 Refunds and Credits:
Refunds for issues within Semper Foodie’s control (e.g., driver error) will be issued to your original payment method.
Issues outside of our control will be credited to your Semper Foodie account or issued as a gift certificate for www.semperfoodie.com.
12. Legal Information
12.1 Compliance: We comply with applicable federal and state privacy laws, including the Utah Consumer Privacy Act (UCPA), the Children’s Online Privacy Protection Act (COPPA), and the Controlling the Assault of Non-Solicited Pornography and Marketing (CAN-SPAM) Act. By using our services, you consent to receive updates. Opt-out of marketing emails at semperfoodie22@gmail.com.
13. Data Retention and Deletion
13.1 Data Requests: You may request data deletion by contacting semperfoodie22@gmail.com. We retain data for legal purposes:
Drivers: Up to 7 years for tax and employment records.
Recipients: 90 days post-deletion request, or longer if required for legal reasons.
13.2 Data Deletion Requests: Requests for data deletion will be processed within 30 days. Data retention periods for legal compliance are clearly outlined.
14. Force Majeure
14.1 Limitation of Liability: SemperFoodie Delivery LLC is not liable for delays or failures caused by circumstances beyond our control, including but not limited to acts of God, weather conditions, pandemics, labor strikes, government restrictions, utility interruptions, or technology failures. Liability for direct damages resulting from such circumstances is limited to the amount paid for the affected service.
15. Data Breach Notification
15.1 Notification Procedure: In the event of a data breach, affected users will be notified within 72 hours via:
Email.
Notice on our Facebook page.
15.2 Mitigation Efforts: We will provide details on steps taken to mitigate the impact of the breach and offer guidance on actions users can take to protect themselves.
16. Dispute Resolution
16.1 Arbitration: Any disputes arising from these Terms or our services will be resolved through binding arbitration in Salt Lake County, Utah, governed by the laws of the State of Utah. Arbitration decisions are final. Each party bears its own costs. By agreeing to arbitration, you waive the right to participate in class action lawsuits or class-wide arbitration. Small claims disputes may be resolved through small claims court.
17. Severability
17.1 Severability Clause: If any provision of these Terms is found to be unlawful or unenforceable, the remaining provisions will remain in effect. Unenforceable provisions will be amended to reflect the parties' original intent as closely as possible.
18. Governing Law
18.1 Governing Law Clause: These Terms will be governed by and construed in accordance with the laws of the State of Utah, without regard to its conflict of law principles.
19. Entire Agreement
19.1 Entire Agreement Clause: These Terms, together with any additional agreements, constitute the entire agreement between you and SemperFoodie Delivery LLC regarding the use of our services. This agreement supersedes any prior agreements or understandings. Any modifications to this agreement must be made in writing and signed by both parties.
20. Termination Clause
20.1 Termination: We reserve the right to terminate or suspend your access to Semper Foodie services at our discretion for violation of these Terms or for other reasons, with or without notice. You will be informed of the termination decision via email.
21. Accessibility
21.1 Commitment to Accessibility: SemperFoodie Delivery LLC ("Semper Foodie," "we," "our," or "us") is committed to ensuring that our website and services are accessible to all users, including those with disabilities. We strive to adhere to best practices and guidelines to ensure that our online presence is usable for everyone.
21.2 Website Accessibility: We are continuously working to improve the accessibility of our website in compliance with the Web Content Accessibility Guidelines (WCAG) 2.1. This includes ensuring that our website is navigable by keyboard, screen readers, and other assistive technologies.
21.3 Feedback and Assistance: If you encounter any barriers or have difficulty accessing any part of our website, please contact us at semperfoodie22@gmail.com. We are committed to addressing and resolving any accessibility issues promptly and effectively.
21.4 Third-Party Content: While we strive to ensure our website is fully accessible, third-party content and external links may not always meet the same accessibility standards. We encourage users to contact us with any concerns about third-party content or links.
21.5 Continual Improvement: We regularly review and update our accessibility practices and policies to ensure ongoing compliance and to enhance the user experience. We welcome feedback and suggestions on how we can further improve accessibility.
