Privacy Notice for Diners and Couriers

To access the Privacy Notice effective through July 8, 2018, click here.

For restaurants with Caviar accounts, Square Inc.’s privacy notice applies to you. Please click here.

Posted on: June 8, 2018

Effective Date: July 8, 2018

This Privacy Notice describes how Square, Inc. d/b/a Caviar and our affiliates (collectively, “Caviar,” “we,” and “us”) collect, use, disclose, transfer, store, retain or otherwise process your information when you (whether you are a person or business) create a Caviar account (as a diner or courier) through Caviar’s website, applications (including, without limitation, the Caviar mobile application (the “Caviar App”) and any APIs), the Caviar Platform, and other services (collectively, “Services”).

This Privacy Notice applies to your use of our Services, and covers information collected in connection with your access to and use of our Services. Please read this Privacy Notice carefully. By continuing to interact with our Services, you are consenting to the practices described in this Privacy Notice.

Our Privacy Notice explains:

INFORMATION WE COLLECT ABOUT YOU

We need to collect certain information about you to provide you with the Services or the support you request. The type of information we collect can vary depending on the country from which you access our Services. Additionally, you can choose to voluntarily provide information to us.

Information You Provide

We collect information you provide when sign up for a Caviar account, sign up to become a courier, go through our identity or account verification process, communicate with us, answer our surveys, upload content, or otherwise use the Services.

We collect different information from you depending on whether you are a diner or courier. Such information includes:

Diners:

  • Identification information. Your name, email address, mailing address, phone number, and birthdate, and authentication credentials (for example, information you use to login to your account).
  • Contact information. When you use our Services to place food delivery orders, we collect your contact information (including phone number, email address, and delivery address).
  • Financial information. Information such as bank account and payment card numbers.
  • Transaction information. When you use our Services to make, accept, request, or record payments or food orders, we collect information about when and where the transactions occur, the names of the transacting parties, a description of the transactions, the products you buy through the Services, the payment or transfer amounts, billing and delivery information, and the payment methods used to complete the transactions.
  • Other information you provide. Information that you voluntarily provide to us, including your survey responses, participation in contests or promotions, specific information you provide to us or to couriers about food orders, suggestions for improvements, referrals, or any other actions performed on the Services.

Couriers:

  • Identification information. Your name; email address; mailing address; phone number; birthdate; photograph; driver’s license, Social Security, Taxpayer Identification, or other government-issued identification; or other historical, contact, demographic, biographical information; and authentication credentials (for example, information you use to login to your account).
  • Financial information.. Information such as your bank account, payment card, or Cash App information.
  • Tax information. Taxpayer Identification Number and other information provided on IRS Form W-9.
  • Vehicle and insurance information. Information including the type of vehicle (if any) you intend to use to make deliveries, licensing information (if any), and, as applicable, certain vehicle information necessary to obtain a motor vehicle report and insurance information.
  • Other information you provide. Information that you voluntarily provide to us, including data about the way you interact with our Services.

Referrals of Diners or Couriers:

  • You may have the opportunity to invite another person to sign up as a diner (to use) or as a courier (to deliver) with Caviar. We collect the information you provide to Caviar about yourself (the referring individual) and the person you are referring, such as name, email address, and phone number. When you provide Caviar with another person’s contact information, you represent that you have obtained consent from that person to do so.

Information We Collect From Your Use of our Services

We collect information about you and the devices you use to access the Services, such as your computer, mobile phone, or tablet. The information we collect includes:

  • Precise Geolocation Information. Information about the location of your device. For more information and to learn how to disable collection of location information, please see below.
  • Device Information. Information about your device, including your hardware model, operating system and version, unique device identifier, mobile network information, and information about the device’s interaction with our Services.
  • Use Information. Information about how you use our Services, including your access time, log-in and log-out information, browser type and language, Internet Protocol (“IP”) address, the domain name of your Internet service provider, other attributes about your browser, mobile device and operating system, any specific page you visit on our platform, content you view, features you use, the date and time of your visit to or use of the Services, your search terms, the website you visited before you visited or used the Services, data about the way you interact with our Services, and other clickstream data.
  • Delivery Information. When you use our Services as a courier to deliver food orders, we collect information about when and where orders were offered to you, whether those offers were accepted or rejected, the value of an order that was accepted or rejected, a description of the orders accepted or rejected, when you arrived to pick up an order, whether you stated that all the items of an order have been collected, whether an item has been marked as delivered, the total amount of orders offered to you and accepted or rejected, the amount paid to you for delivering an order, interactions you have with Caviar (including, for example, phone, text, and email communications), and the amounts paid to you as a bonus.

Information We Collect from Other Sources

We also collect information about you from third parties. The information that we collect from third parties will differ depending on whether you are a courier or diner.

Couriers:

  • Identity Verification. Information from third-party verification services, credit bureaus, financial institutions, mailing list providers, and publicly available sources. In some circumstances, where lawful, this information may include your government-issued identification number.
  • Background Information. To the extent permitted by applicable laws, we may obtain background check reports from public records of criminal convictions and arrest records as well as motor vehicle report information. We may use your information, including your full name, government-issued identification number and date of birth, to obtain such reports.
  • Credit, Compliance, and Fraud. Information about you from third parties in connection with any credit investigation, identity or account verification process, fraud detection, or collection procedure, or as may otherwise be required by applicable law. This includes, without limitation, the receipt and exchange of account or credit-related information with any credit reporting agency or credit bureau, where lawful, and any person or corporation with whom you have had, currently have, or may have a financial relationship, including without limitation past, present, and future places of employment, financial institutions, and personal reporting agencies.

Diners:

  • Marketing. Information from third parties and publicly available sources so we can market to you.

Children’s Information

Our Services are general audience services not directed at children under the age of 13. If we obtain actual knowledge that any information we collect has been provided by a child under the age of 13, we will promptly delete that information.

HOW WE USE YOUR INFORMATION

We may use information about you for a number of purposes, including:

Providing, Improving, and Developing our Services

  • Facilitating pickup and delivery of food orders;
  • Processing or recording payment transactions;
  • Otherwise providing you with the Caviar products and features you choose to use;
  • Displaying historical transaction information;
  • Providing, maintaining, and improving the Services and the services of Caviar’s restaurant partners;
  • Improving, personalizing, and facilitating your use of our Services;
  • Developing new products and Services;
  • Delivering the information and support you request, including technical notices, security alerts, and support and administrative messages;
  • Measuring, tracking, and analyzing trends and usage in connection with your use or the performance of our Services;
  • Personalizing the content and features of the Services; and
  • Providing recommendations to you;
  • Enabling you to place or review, accept, and deliver orders;
  • Facilitating deliveries.

Communicating with You About our Services

  • Sending you news and information we think you may find useful or which you have requested from us about our products and Services;
  • Conducting surveys and collecting feedback about our Services.

Advertising and Marketing

  • Marketing of our Services;
  • Communicating with you about opportunities, offerings, products, services, contests, promotions, discounts, incentives, surveys, and rewards offered by us and select partners;
  • If we send you marketing emails, each email will contain instructions permitting you to "opt out" of receiving future marketing or other communications.

Protecting our Services and Maintaining a Trusted Environment

  • Investigating, detecting, and preventing or reporting fraud, misrepresentations security breaches or incidents, other potentially prohibited or illegal activities, or to otherwise help protect your account;
  • Protecting our or our customers rights or property, or the security and integrity of our Services;
  • Enforcing our Terms of Service or other applicable agreements or policies;
  • Verifying your identity (e.g., through government-issued identification);
  • Complying with any applicable laws or regulations, or in response to lawful requests for information from the government or through legal process;
  • Fulfilling any other purpose disclosed to you in connection with our Services; and
  • Contacting you to resolve disputes, collect fees, and provide assistance with our Services or your account.

If you are a courier, we may use your information as described above and for the following additional purposes:

  • To enable couriers to review, accept, and deliver orders;
  • To facilitate deliveries;
  • To provide, maintain, and improve the Services and the services of Caviar’s restaurant partners;
  • To set up your account, and ensure you can deliver with Caviar, including, as necessary, conducting a background check or other applicable verifications.
  • To verify that you are eligible to deliver orders as a courier by investigating, as applicable, your licensing history; obtaining and reviewing a motor vehicle report; checking whether you are authorized to work; checking whether you have insurance necessary to make deliveries; checking that you can accept payments through Cash App or any other payment platform that Square may utilize; checking that you have all necessary equipment to make deliveries; and generally ensuring that you are able to make deliveries with Caviar.
  • To provide you information that you need to complete deliveries, including, as necessary, allowing you to connect with diners and restaurants to accept and complete deliveries, fulfil orders, verify your location for the purposes of tracking deliveries, balancing the supply of couriers with the demand for deliveries, responding to your questions and assisting with issues you may have while using the Services, ensuring compliance with the Courier Independent Contractor Agreement and Courier Deactivation Policy, and generally using the information we collect to assess couriers’ impact on the Services;
  • To help facilitate payment to you (including, for example, so that we can directly deposit money in your bank account, make a payment directly to your Cash App account, or other payment methods); calculate payments owed; and determine whether you are eligible for certain additional promotional, incentive, milestone, or bonus payments. If you use your Cash App account to receive payments, please refer to the Cash App terms.
  • To aggregate information, including, for example, courier demographics, interests, and behaviors;
  • To better understand and tailor the Services to your interests.

HOW WE SHARE YOUR INFORMATION

We may share information about you as follows:

With Diners, Restaurants, and Couriers

  • With other users of our Services with whom you interact through your own use of our Services. For example, we may share information with the restaurant and courier when the diner places a food delivery order, or share information with the restaurant and diner when the courier accepts a food delivery order using our Services.

With our Affiliates

  • With our group companies and corporate affiliates, for the purposes outlined above.

With Third Parties

  • With third parties to provide, maintain, and improve our Services, including service providers who access information about you to perform services on our behalf (e.g., fraud prevention, identity verification, and fee collection services), as well as financial institutions, payment networks, payment card associations, and other entities in connection with the Services.
  • With third parties that run advertising campaigns, contests, special offers, or other events or activities on our behalf and in connection with our Services.

Business Transfers and Corporate Changes

  • To a subsequent owner, co-owner, or operator of one or more of the Services; or
  • In connection with (including, without limitation, during the negotiation or due diligence process of), a corporate merger, consolidation, or restructuring; the sale of substantially all of our stock and/or assets; financing, acquisition, divestiture, dissolution of all or a portion of our business, or other corporate change.

Safety and Compliance with Law

  • If we believe that disclosure is reasonably necessary (i) to comply with any applicable law, regulation, legal process or governmental request (e.g., from tax authorities, law enforcement agencies, etc.); (ii) to enforce or comply with our terms of service or other applicable agreements or policies; (iii) to protect our or our customers’ rights or property, or the security or integrity of our Services; or (iv) to protect us, users of our Services, or the public from fraud, harm, alleged or suspected prohibited or illegal activities.

With your Consent

  • With your consent. For example:
    • At your direction or as described at the time you agree to share;
    • When you authorize a third party application or website to access your information.

Aggregated and Anonymized Information

  • We also may share (within our group of companies or with third parties) aggregated and anonymized information that does not specifically identify you or any individual user of our Services.

HOW LONG WE RETAIN YOUR INFORMATION

We generally retain your information as long as reasonably necessary to provide you the Services or to comply with applicable law. However, even after you deactivate your account, we can retain copies of information about you and any transactions or Services in which you may have participated for a period of time that is consistent with applicable law, applicable statute of limitations, or as we believe is reasonably necessary to comply with applicable law, regulation, legal process, or governmental request, to detect or prevent fraud, to collect fees owed, to resolve disputes, to address problems with our Services, to assist with investigations, to enforce our General Terms or other applicable agreements or policies, or to take any other actions consistent with applicable law.

COOKIES AND OTHER SIMILAR TECHNOLOGIES

We use various technologies to collect information when you access or use our Services, including placing a piece of data, commonly referred to as a “cookie,” or similar technology on your device and using web beacons. Cookies are small data files that are stored on your hard drive or in your device memory when you visit a website or view a message. Among other things, cookies support the integrity of our registration process, retain your preferences and account settings, and help evaluate and compile aggregated statistics about user activity. We may begin collecting information about you or from activity on devices you use as soon as you use our Services. By using our Services, you permit us to collect and use your information from activity on devices you use in accordance with this Privacy Notice. For more information and to learn how to block or delete cookies used in the Services, please see below.

Certain cookies we use last only for the duration of your web or application session and expire when you close your browser or exit the application. Other cookies are used to remember you when you return to use the Services and, as such, will last longer.

We may also use cookies to:

  • Remember that you have visited us or used the Services before. This allows us to identify the number of unique visitors we receive, so that we can provide enough capacity to accommodate all of our users.
  • Collect data about the way you interact with our Services (e.g., when you use certain features or upload attachments).
  • Customize elements of the promotional layout and/or content of our Services.
  • Allow our business partners (including third parties) to use these tracking technologies to track your behavior on our behalf on our Platform (including when you use multiple devices) and on partner websites.
  • Enable third parties to collect data about the way you interact across sites outside of our Services.
  • Collect anonymous statistical information about how you use the Services (including the length of your web or application session) and the location from which you access the Services, so that we can improve the Services and learn which elements and functions of the Services are most popular with our users.

Some of the cookies used in the Services are set by us, and others are set by third parties who deliver services on our behalf.

Most web and mobile device browsers are set to automatically accept cookies by default. However, you can change your browser settings to prevent automatic acceptance of cookies, or to notify you each time a cookie is set.

You also can learn more about cookies by visiting http://www.allaboutcookies.org, which includes additional useful information on cookies and how to block cookies on different types of browsers and mobile devices. Please note, however, that by blocking or deleting cookies used in the Services, you may not be able to take full advantage of the Services.

We also may collect information using web beacons. Web beacons are electronic images that may be used in our Services or emails. We may use web beacons to deliver cookies, track the number of visits to our website and apps, understand usage and campaign effectiveness, and determine whether an email has been opened and acted upon.

THIRD-PARTY ADVERTISING AND ANALYTICS

We can use third-party service providers to provide site metrics and other analytics services. These third parties can use cookies, web beacons, and other technologies to collect information, such as your IP address, identifiers associated with your device, other applications on your device, the browsers you use to access our Services, webpages viewed, time spent on webpages, links clicked, and conversion information (e.g., transactions entered into). This information can be used by Square and third-party service providers on behalf of Square to analyze and track usage of our Services, determine the popularity of certain content, and better understand how you use our Services. The third-party service providers that we engage are bound by confidentiality obligations and other restrictions with respect to their use and collection of your information.

This Privacy Notice does not apply to, and we are not responsible for, third-party cookies, web beacons, or other tracking technologies, which are covered by such third parties’ privacy policies. For more information, we encourage you to check the privacy policies of these third parties to learn about their privacy practices. For more information about targeted advertising specifically, please visit http://www.aboutads.info/choices.

Examples of our third-party service providers to help deliver our Services or to connect to our Services include:

  • Google Analytics: We use Google Analytics to understand how our Services perform and how you use them. To learn more about how Google processes your data, please visit https://www.google.com/policies/privacy/. To opt out of Google Analytics please visit https://tools.google.com/dlpage/gaoptout.
  • Facebook: We use Facebook to advertise and market our services, and to enable our customers to market their services. To learn more about how Facebook uses your data please visit https://www.facebook.com/help/325807937506242/ or log on to you Facebook account and access your settings. To understand more about Facebook advertising please see https://www.facebook.com/about/ads.
  • BugSnag and Crashlytics: We use Bugsnag and Crashlytics monitoring apps to monitor errors that impact customers and report diagnostic data to us so we can improve our Service and help to make sure they work when you need to use them. Please visit https://docs.bugsnag.com/legal/privacy-policy/ to learn more about how Bugsnag processes your data and https://fabric.io/terms to learn more about how Crashlytics processes your data.
  • Amplitude: We use Amplitude to monitor our Services and understand your use of them. Please visit https://amplitude.com/privacy to learn how Amplitude uses your data.

These third party service providers make use of cookies to implement their services.

YOUR CHOICES

Personal Information

You may access, change, or correct information that you have provided by logging into your Caviar account at any time or by making a request to us using the contact details below, in which case we may need to verify your identity before granting access or otherwise changing or correcting your information.

Deactivating Your Account

If you wish to deactivate your Caviar account, you may do so by logging into your Caviar account or by emailing us using the contact details provided below.

Location Information

In order to provide certain Services, or in order to allow you to provide delivery services as a courier, we may require access to location information, including precise geolocation information collected from your device. If you do not consent to collection of this information, certain Services will not function properly and you will not be able to use those services.

To provide such features or services, where available, Caviar and our third-party service providers may collect, use, transmit, process and maintain your location data, including the real-time geographic location of your device, and by using the Services, you consent to Caviar's and its third-party service providers’ collection, use, transmission, processing, and maintenance of such location data to provide such services. In addition, by enabling and/or using any location-based services or features within the Services, you consent to Caviar collecting, using, processing, and maintaining information related to your account, and any devices registered to it, for purposes of providing such location-based service or feature to you. Such information may include your device ID and name, device type, and real-time geographic location of your device when you use the Caviar app.

When you use third-party services that use or provide location data as part of the Service (including, for example, Google Maps used during the course of delivering orders), you are subject to and should review such third party's terms and privacy policy on use of location data. Any location data provided by the Service is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate, time-delayed, or incomplete location data may lead to death, personal injury, property, or environmental damage. Neither Caviar nor any of its content providers guarantees the availability, accuracy, completeness, reliability, or timeliness of location data or any other data displayed by the Service.

You can stop our collection of precise geolocation information at any time by changing the preferences on your mobile device. If you do so, some of our mobile applications will no longer function and you will no longer be able to use certain Services or to operate as a courier. You also may stop our collection of precise geolocation information via mobile application by following the standard uninstall process to remove all Caviar mobile applications from your device.

Do Not Track

Do Not Track (“DNT”) is an optional browser setting that allows you to express your preferences regarding tracking across websites. Caviar does not have a mechanism in place to respond to DNT signals. Caviar does track some activity across websites (including your search terms, the website you visited before you visited or used the Services, and other clickstream data) and we may continue to collect information in the manner described in this Privacy Notice from web browsers that have enabled DNT signals or similar mechanisms.

Promotional Communications

You may opt out of receiving promotional messages from Caviar by following the instructions in those messages, by informing the caller that you would not like to receive future promotional calls, by texting STOP to 778272, or by changing your notification settings by logging into your Caviar account. Opting out of receiving communications may impact your use of the Services. If you decide to opt out, we can still send you non-promotional communications, such as digital receipts and messages about your account or our ongoing business relations.

California Privacy Rights

California law permits residents of California to request certain details about our disclosure of your personal information by us to third parties for direct marketing purposes during the immediately preceding calendar year. If you are a California resident and would like to request this information, please contact us at the address listed below.

SECURITY

We take reasonable measures, including administrative, technical, and physical safeguards, to protect your information from loss, theft, misuse, and unauthorized access, disclosure, alteration, and destruction. Nevertheless, the internet is not a 100% secure environment, and we cannot guarantee absolute security of the transmission or storage of your information. We hold information about you both at our own premises and with the assistance of third-party service providers.

For more information about our security practices, please visit https://squareup.com/security.

STORAGE AND PROCESSING

We may, and we may use third-party service providers to, process and store your information in the United States, Canada, Japan, and other countries.

CHANGES TO THIS PRIVACY NOTICE

We may amend this Privacy Notice from time to time by posting a revised version and updating the “Effective Date” above. The revised version will be effective on the “Effective Date” listed. We will provide you with reasonable prior notice of material changes in how we use your information, including by email, if you have provided an email address. If you disagree with these changes, you may cancel your account at any time. Your continued use of our Services constitutes your consent to any amendment of this Privacy Notice.

CONTACT

Please contact our Privacy Department with any questions or concerns regarding this Privacy Notice.

Square, Inc. d/b/a Caviar
1455 Market Street, Suite 600
San Francisco, CA 94103, U.S.A.
privacy@squareup.com

If you have any questions or concerns regarding our notice, or if you believe our notice or applicable laws relating to the protection of your personal information have not been respected, you may file a complaint with our Privacy Department listed above, and we will respond to let you know who will be handling your matter and when you can expect a further response. We may request additional details from you regarding your concerns and may need to engage or consult with other parties in order to investigate and address your issue. We may keep records of your request and any resolution.