US Privacy PolicyEffective Date: July 1, 2023
This privacy policy ("Policy") describes how noshd ("noshd,", "inKind," "we," "our," or "us") collects, uses, and discloses information about you as well as your rights and choices regarding such information. It governs your use, access, and all interactions with the noshd mobile application ("Application"), the inkind.com and inkindcapital.com websites (collectively, "Website"), and any other online services owned and operated by noshd that post a link to this Policy ("Services"). (Together, the Website, Application, and Services are the "inKind Program").
Data protection law makes a distinction between organizations that process information for their own purposes (known as "controllers" or "businesses") and organizations that process information on behalf of other organizations (known as "processors" or "service providers"). This Policy applies only where we are a controller or business. It does not apply to information we process as a processor or service provider on behalf of a client, which is subject to the client's privacy policy.
Some jurisdictions require additional disclosures. If you are a
California,
Nevada, or
Virginia resident, please see the disclosures at the end of this Policy.
If you have questions or concerns regarding this Policy, you should contact noshd at
[email protected].
What Information Do We Collect?Information You Provide Directly to Us When you use the noshd Program, we may ask that you provide us with information that can be used to contact or identify you.
Contact InformationWe may ask you to provide your first and last name, phone number(s), email address, and home or physical address.
Demographic Information We may ask you to provide your age, gender, birthday (day and month), and general geographical location.
Account InformationWe may ask you to create a user name and password when setting up an account with us.
Payment InformationTo make a purchase, we may ask you to provide a payment card number along with expiration date and security code. This information is processed by third party payment processors.
Purchase InformationIf you choose to make purchases through the noshd Program, including when you buy credit for a specific merchant (a "House Account") or when you buy credit for any partner in our network (an "noshd Pass"), inKind may receive information about you and your purchases at those businesses, such as the date and time of your purchase, the transaction amount, the items purchased, and possibly other information used to make your purchase. We may also collect information you supply to us concerning your preferences and interests, as well as information we obtain through your use of the noshd Program, such as your purchase history.
Dining PreferencesWe collect information you choose to provide regarding your dining preferences, including allergy information and dietary restrictions.
Referral InformationWe collect information you provide when you refer the Services or gift credit to another person, including the recipient's email address.
User ContentWe may collect content, including profile pictures, within any messages you send to us (such as feedback or questions to customer support) or upload to your profile.
Job Application InformationIf you apply for a job, we may ask you to provide information to evaluate you for the job and other open positions, including your employment and education history, transcripts, writing samples, and references.
Information From Your Browser or DeviceWhen you use the noshd Program on your mobile phone, computer, or other device, we may automatically collect information such as: (i) information your device sends or transmits, including your device type, your device ID number, and user settings ("Device Information"); (ii) information about your use and navigation of the inKind Program, such as offers viewed and/or used and pages visited ("Service Use Information"); and (iii) information about your general location (such as non-precise location data derived from an IP address).
We and the third parties we work with use tracking technologies to collect this information, including use of session ID and persistent cookies, data collection tags or directives such as "pixel tags," Javascript scripts, API calls, and/or other technologies. A cookie is a small data file that is kept in your device's memory for record-keeping purposes. A pixel tag is an electronic image, often a single pixel and often transparent, that is placed on a web page and may be associated with cookies on your device. For further information on how we use tracking technologies for analytics and advertising, and your rights and choices regarding them, see the "Analytics and Advertising" and "Your Rights and Choices" sections below.
Information From Third Parties and Publicly Available Sources We also receive information about you from other sources. We are not responsible for the data practices of these other sources, and you should consult their privacy policies, as applicable.
Merchant Partners We may receive information, such as your dining preferences, likes, dislikes, from our Merchant Partners.
Reservation PlatformsWe may receive information regarding your reservations from platforms with which you interact.
Social MediaWe may receive information when you interact with a social media platform.
VendorsWe may receive information from vendors we work with, including analytics and advertising providers, fraud prevention services, and others.
Publicly Available InformationWe may receive information that is publicly available, such as information available through government records.
How Do We Use The InformationWe collect and use information in accordance with the practices described in this Policy, including as follows:
Providing Services to YouWe may use information about you to administer the noshd Program, including maintaining your account.
Communications in Response to Your ActionsWe use information about you to communicate with you. When you sign up to noshd, purchase a House Account, accept credit gifted or shared by another user or apply to use our services, you will receive emails that confirm specific actions you have requested. You will receive notifications confirming your registration, the successful purchase of a gift card or House Account, and follow-ups from us if you wish to use our services. These emails are a necessary part of the gift card and House Account purchase process. We may also send you responses to emails you send us, if appropriate.
Communications about Updates and SecurityWe will send you email notifications from time to time. Typically we send these emails to notify you of a change in status for security purposes. For example, certain notifications are sent for your own protection to ensure that another person cannot make a change to your account without your knowledge, or to seek confirmation of an action you have taken. In other cases, these notifications involve changes to various legal agreements or website policies. Generally you may not opt out of such service-related emails.
Marketing CommunicationsWe may at times send emails, texts, or push notifications through the Application to you. Standard text charges may apply. If you have opted-in to receive push notifications on your device, you can opt-out by adjusting your device settings or uninstalling our app. If you have opted-in to receive texts, you can opt-out by texting "STOP" in response to any text message you receive from us or by emailing
[email protected] and specifying you want to opt-out of text messages. Please note that your opt-out is limited to the device and phone number used.
Understanding Trends and Improving the ServiceWe may use information about you to understand trends and behaviors, determine the effectiveness of our content, marketing, and advertising initiatives, and improve the overall inKind Program and our other services, content, marketing and advertising initiatives.
Personalizing Your ExperienceWe may use information to personalize your experience with the inKind Program and present relevant content and offers.
Surveys and Feedback RequestsFrom time to time, we will send user surveys, feedback requests regarding user experience and website operations or marketing offers from us, or from us on behalf of our marketing partners. The completion of these surveys or requests for feedback or acceptance of any offer is strictly voluntary and you can opt out of receiving any such communications in the future by letting us know via the unsubscribe link included in any offer email you receive from us or by emailing us at
[email protected].
Personalized AdvertisingWe may use information about you to provide you with personalized advertising.
Referrals or GiftsWe may use information you provide when you refer or gift credit to others to invite them to the inKind Program at your request.
Merchant Partners We may use information about you to provide you with information about Merchant Partners, facilitate and improve the services at local businesses and for Merchant Partners, and match your information with transactions to identify you to Merchant Partners as a VIP. This may include providing exclusive invitations to events.
Security We may use your information to protect the rights, property, life, health, security and safety of us or anyone else.
At Your Direction We use your information at your direction, such as generating your purchase orders and making reservations on your behalf through our reservation system.
With Your ConsentWe may use your information for additional purposes with notice to you and with your consent.
Notwithstanding the above, we may use information that does not identify you (including information that has been aggregated or de-identified as those terms are defined by applicable law) for any purpose to the extent permitted by applicable law. For information on your rights and choices regarding how we use information about you, please see the "Your Rights and Choices" section below.
When Do We Disclose Information?inKind discloses information about you to third parties in certain circumstances including: (a) with your knowledge and consent; (b) as described in this Privacy Policy; (c) as may be required by law, regulatory authorities, or legal process; (d) as permitted to protect the rights, property, safety, confidentiality, or reputation of inKind or its users; (e) to enforce our terms and conditions; (f) to prevent fraud or cybercrime; or (g) to permit us to pursue available remedies or limit the damages that we may sustain.
We may disclose information about you to the following categories of persons:
Service Providers Under the protection of appropriate agreements, we may disclose information about you to service providers we use to perform various tasks on our behalf including data storage, consolidation, retrieval, analysis, or other processing, as well as for the purposes of effective management of customer information and to help us communicate with you. To the extent required by applicable law, these service providers are prohibited from using information about you for other purposes, provided that we may permit them to use information that does not identify you (including information that has been aggregated or de-identified as those terms are defined by applicable law) to the extent permitted by applicable law.
Related Companies We may disclose information about you to our affiliate, parent, or related companies so that they may use information for their own purposes in accordance with their privacy policies, and to provide the additional services of those group companies. inKind remains responsible for the management of this information.
Analytics and AdvertisingWe disclose information to vendors and other parties for analytics and advertising related purposes. These parties may act as our service providers, or in certain contexts, independently decide how to process your information. For more information on advertising and analytics, see the "Analytics and Advertising" section below.
Merchant Partners and Transaction Providers If you choose to participate in the inKind Program, we disclose Personal Information and the payment card information you entered to the appropriate transaction provider, for example, to our tip processor (Stripe), to a Merchant Partner's reservation platform (like SevenRooms), or to a Merchant Partner's point of sale system operator (like SpotOn). The parties with whom we have current integrations can be found here:
https://inkind.com/app-integrations.
Merger or Acquisition As our business continues to grow and change, we might restructure, buy, or sell subsidiaries and/or business units. In these transactions, customer information is often one of the transferred assets, remaining subject to promises made in the prevailing privacy policy. In the event inKind, or substantially all of its assets or stock, is acquired, transferred, or disposed of (in whole or in part and including in connection with any bankruptcy or similar proceedings), information about you will as a matter of course be one of the transferred assets.
Security and Compelled Disclosure We may disclose information to comply with the law or other legal process, and where required, in response to lawful requests by public authorities, including to meet national security or law enforcement requirements. We also disclose information to protect the rights, property, life, health, security and safety of inKind or anyone else.
Facilitating Requests We disclose information where you direct us to disclose the information.
Notwithstanding the above, we may disclose information that does not identify you (including information that has been aggregated or de-identified as those terms are defined by applicable law) to the extent permitted by applicable law. For example, we may disclose such information for the purposes of industry analysis, demographic profiling, investor reporting, and similar purposes with third parties or the public. We may disclose such information in an industry white paper or press article.
Analytics and AdvertisingWe use analytics services, such as Google Analytics, to help us understand how users access and use the inKind Program. In addition, we work with agencies, advertisers, ad networks, and other technology services to place ads about our products and services on other websites and services. For example, we place ads through Google and Facebook that you may view on their platforms as well as on other websites and services.
As part of this process, we may incorporate tracking technologies into inKind Program (including our website and emails) as well as into our ads displayed on other websites and services. Some of these tracking technologies may track your activities across time and services for purposes of associating the different devices you use, and delivering relevant ads and/or other content to you ("Interest-based Advertising").
As indicated above, vendors and other parties may act as our service providers, or in certain contexts, independently decide how to process your information. We encourage you to familiarize yourself with and consult their privacy policies and terms of use.
Your Rights and Choices Jurisdictional RightsIn addition to these rights and choices, you may have rights based on your jurisdiction. If you are a California, Nevada, or Virginia resident, please see the disclosures at the end of this Policy.
Account Management You may review, update, correct or delete certain Information about you in your account by making the appropriate modifications in your account preferences.
- You can make changes in the Application by clicking on Settings and making changes.
- To remove a Payment Card, in the Application, go to "Account," and tap on "Payment Methods," tap on the card you wish to remove and follow the steps to unlink it.
- If you completely delete all such information, then your account may become deactivated. If you would like us to delete your Account and/or remove your records from our system, in the Application, go to "Account," tap on "Settings," then choose "Delete Account. Alternatively, please contact us and we will delete your account within 45 days. " Please note that we will retain and use information about you as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
Tracking Technology ManagementThe inKind Program may place cookies on your browser. At any time, through your browser settings, you may instruct your device to stop accepting cookies or to prompt you before accepting a cookie from websites you visit by changing your device's settings. If you use multiple browsers on your device, you will need to instruct each browser separately. Your ability to limit cookies is subject to your browser settings and limitations. Please note that if you do not accept cookies, you may lose some functionality of the inKind Program.
The inKind Program may place cookies on your browser. At any time, through your browser settings, you may instruct your device to stop accepting cookies or to prompt you before accepting a cookie from websites you visit by changing your device's settings. If you use multiple browsers on your device, you will need to instruct each browser separately. Your ability to limit cookies is subject to your browser settings and limitations. Please note that if you do not accept cookies, you may lose some functionality of the inKind Program.
Your browser or extension may allow you to automatically transmit preference signals regarding tracking technologies to online services you visit. We respond to such signals, which you can validate through the "
Your Privacy Choices" link in the footer of our website. If you choose to opt-out from sale or sharing without the use of a global preference signal, you can also submit this request through the "Your Privacy Choices" link as well. If you are a California resident, you may exercise your right to opt-out of sales or sharing through preference signals. Please visit the
California section below for details.
You can stop all collection of information via an app by uninstalling the app. For Apple iOS, we will only receive access to your device's Ad ID (known as an IDFA) if you provide consent. You can reset your device's Ad ID at any time through your device settings, which is designed to allow you to limit the use of information collected about your device.
Analytics and Interest-Based Advertising Google provides tools to allow you to opt out of the use of certain information collected by Google Analytics at
https://tools.google.com/dlpage/gaoptout and by Google Analytics for Display Advertising or the Google Display Network at
https://www.google.com/settings/ads/onweb/.
The companies we work with to provide you with Interest-based Advertising may be participants of the Digital Advertising Alliance ("DAA") and/or the Network Advertising Initiative ("NAI"). To opt out of receiving Interest-based Advertising from the participating companies, please visit
https://www.aboutads.info/choices and
https://www.networkadvertising.org/choices/ for website opt outs and
https://www.aboutads.info/appchoices for mobile opt outs. Note that opting out through these links only means that the selected participants should no longer deliver Interest-based Advertising to you, but does not mean that the participants will not process your information for Interest-based Advertising purposes or that you will no longer receive Interest-based Advertising from other companies.
Please note that the above opt outs only apply to the specific browser or device from which you opt out. We are not responsible for the effectiveness of any opt outs offered by other entities.
International DataWe are based in the United States and the information we collect is governed by United States law. If you are outside the United States, your information will be stored and maintained on computers located outside of your state, province, country or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. If you choose to provide information to us, inKind collects information in the United States and processes it there and in other jurisdictions. Your use of the inKind Program represents your agreement to this collection, storage, and processing.
Links to Other SitesThe inKind Program may contain links or APIs (e.g. data or content exchange interfaces) to external services or websites of third parties. If you click on a button, banner ad, or other type of third party link, you will be directed to that third party's resources. The fact that we may link to or incorporate a third party's services, functionality, or website, or present a banner ad or other type of advertisement, is not an endorsement, authorization, or representation of our affiliation with that third party, nor is it an endorsement of their privacy or information security policies or practices. We do not exercise control over third party services, functionality, websites or other resources, including their use of information, and you should exercise caution when deciding to disclose any information to a third party. We encourage you to read the privacy policies or statements of the other websites you visit to learn more about their privacy practices.
Children's InformationThe inKind Program is not directed to children. We do not knowingly collect personal information from children under 13. If you are under 13 years of age, please do not provide any information. If you are a parent or guardian that has become aware that your child has provided us with information, please contact us (
[email protected]). If we become aware that a member is under the age of 13 and has provided us with their information, we will delete such information from our files.
Data Security We implement and maintain reasonable administrative, physical, and technical security safeguards to help protect information about you from loss, theft, misuse and unauthorized access, disclosure, alteration and destruction. Nevertheless, transmission via the internet is not completely secure and we cannot guarantee the security of information about you.
Changes to this PolicyFrom time to time, inKind may update this Policy. Any changes will be effective immediately upon posting of the revised Policy. If we make material changes to our Privacy Policy, we will issue an updated version of this Privacy Policy with an updated date legend and/or notify you via email, the Website, Application, or by other appropriate means if it is a significant change. You should review this Policy regularly to ensure you are familiar with any changes to it. Your continued use of our Services indicates your consent to the Policy then posted.
How To Contact UsIf you have questions or concerns regarding this Privacy Policy, please contact inKind at
[email protected].