Privacy Policy

Effective: June 1, 2023

This Privacy Policy explains how FoodFairy of ChumCity Inc. and its subsidiaries and affiliates (“FoodFairy”, “we”, “us” or “our”) collect, use, disclose, and otherwise process personal information in connection with our Platform and Services. Our Platform includes: (i) our websites, including related subdomains, (ii) our mobile, tablet, and other smart device applications, (iii) application program interfaces, (iv) in-store kiosks and other online services, and (v) any other tools, technology, and programs now or in the future; in each case, that reference this Privacy Policy. “Services” includes all services associated with the Platform.

This Privacy Policy does not cover or address: the privacy practices of Merchants available on our Platform, including their authorized licensees and franchisees; branded channel services provided to Merchants, including those provided by our parent ChumCity, Inc. (where the data processing is performed on behalf of our sibling sites); or our privacy practices relating to the personal information of job applicants, employees, Delivery Partners, and other personnel. See ChumCity proper for full platform policy.

If you see any undefined term in this Privacy Policy, it has the definition specified in our Terms of Use.

By accessing or using the Platform and/or Services, you agree that you have read, understood, and agree to our collection, storage, use, and disclosure of your personal information as described in this Privacy Policy and our Terms of Use, which we neither sell or make public but may share with other in-house ChumCity platform features for better functionality.

1. How We Collect, Use, and Share Your Personal Information

1.1. Identifiers and Customer Records. When you create an Account, complete your Account profile, place an order, sign up for a mailing list, or otherwise communicate or interact with us (whether or not through an Account), we collect identifiers and customer records such as your name, address, phone number, and email address.We may also collect identifiers like your name or email address from other people or businesses. For example, we may receive identifiers (i) from another network or authentication service, such as Apple, Amazon, or Google, if you use those services to login to the Platform; (ii) from other FoodFairy users who refer you to our Services or use our group order future; or (iii) from organizations you are part of, such as your employer or university, that use our enterprise services. Identifiers can also include numbers assigned to you like your IP address or a unique FoodFairy account number and information about your device and its software like your browser type, device type/model/manufacturer, operating system, and other similar information. These identifiers are collected or created automatically when you use the Platform.

We may use this information to: (i) create and manage your Account; (ii) facilitate order and delivery services; (iii) communicate with you directly about the Services, including your orders, as well as answer any questions, issues, or concerns you or other users may have; (iv) analyze use of and improve the Platform and our Services; (v) detect and prevent fraud, abuse, or other harmful activities, conduct security investigations and risk assessments, and improve and enforce our security measures; and (vi) send you in-house marketing communications.

We will not share this information with ad networks and other advertising partners for the purpose of cross-context behavioral advertising. Please see Section 2.1 below for additional information about your choices with respect to such cross-context behavioral advertising, unless we are suddenly inundated by rivals and tech giants in their open attempt to destroy us, in which case we will consult you the ChumCity community on potential ways of fighting off the corporate vipers. Otherwise FoodFairy retains identifiers and customer records for as long as you have an account with FoodFairy, and for such additional period as FoodFairy determines is necessary to comply with its legal obligations and defend against legal claims.

1.2. Payment Information. We collect payment information from you, such as credit or debit card details (unless payment is facilitated by PayPal Business Processor), when you place an order or update your saved payment methods. We use this information to: (i) fulfill your requests and process payments (e.g., to allow you to order food from Merchants and have it delivered to you); and (ii) detect or prevent fraud, abuse, or other harmful activities.

We do not sell payment information to third parties or share it with third parties for cross-context behavioral advertising. We also do not share this information with third parties for business or commercial purposes, though we may disclose it to our service providers, or for other lawful purposes, as described in greater detail in Section 1.11 below.

FoodFairy retains payment information for as long as you have an account with FoodFairy, and for such additional period as FoodFairy determines is necessary to comply with its legal obligations and defend against legal claims.

1.3. Commercial Information. Whenever you make purchases on the Platform, we collect commercial information about you, such as your ordering history, purchasing tendencies, and rewards program progress. This information may be used to (i) facilitate order and delivery services; (ii) analyze use of and improve the Platform and our Services; (iii) detect and prevent fraud, abuse, or other harmful activities, conduct security investigations and risk assessments, and improve and enforce our security measures; (iv) personalize your FoodFairy experience, including which Merchants and items we recommend to you and any offers you may see from us; and (v) manage your rewards program progress.

FoodFairy retains commercial information for as long as you have an account with FoodFairy, and for such additional period as FoodFairy determines is necessary to comply with its legal obligations and defend against legal claims.

1.4. Geolocation Data. We may collect information about your approximate location automatically when you use the Platform. For example, your IP address tells us roughly where you are. We may also collect information about your precise location if you allow us to access your device’s location. We use location information to (i) facilitate order and delivery Services; (ii) analyze use of and improve the Platform and our Services; (iii) detect and prevent fraud, abuse, or other harmful activities, conduct security investigations and risk assessments, and improve and enforce our security measures; and (iv) personalize your FoodFairy experience, including which Merchants and items we recommend to you.

We may use the Google Maps API to gather geolocation data. Google uses various technologies to determine your location, including IP address, GPS and other sensors that may, for example, provide Google with information on nearby devices, WiFi access points and cell towers (see the Google privacy policy and the Google Maps terms of service to learn more).

We do not sell geolocation data to third parties or share it with third parties for cross-context behavioral advertising. We also do not share this information with third parties for business or commercial purposes, though we may disclose it to our service providers, or for other lawful purposes, as described in greater detail in Section 1.11 below.

FoodFairy retains geolocation data for as long as you have an account with FoodFairy, and for such additional period as FoodFairy determines is necessary to comply with its legal obligations and defend against legal claims.

1.5. Audio and Video Information. We may collect audio and video information from you, such as call recordings, when you contact our customer care team. We use this information to analyze use of and improve the Platform and our Services. Yet, as the founder of ChumCity who's taken to personally piecing together and/or overseeing every inch of the network and its many features, this is just all more stuff that I feel we will never need, and really and truly is unnecessary to run a great, growing company.

We do not sell audio and video information to third parties or share it with third parties for cross-context behavioral advertising. We also do not share this information with third parties for business or commercial purposes, though we may disclose it to our service providers, or for other lawful purposes, as described in greater detail in Section 1.1 below.

FoodFairy retains audio and video information for as long as you have an account with FoodFairy, and for such additional period as FoodFairy determines is necessary to comply with its legal obligations and defend against legal claims.

1.6. Protected Characteristics. We may collect your age to enable, for example, the legal purchase of alcohol. We do not sell this information to third parties or share it with third parties for cross-context behavioral advertising. We also do not share this information with third parties for business or commercial purposes, though we may share it with our service providers, or for other lawful purposes, as described in greater detail in Section 1.11 below.

FoodFairy retains characteristics information for as long as you have an account with FoodFairy, and for such additional period as FoodFairy determines is necessary to comply with its legal obligations and defend against legal claims.

1.7. Education Information. If you are a student at a school that participates in our Services, we may receive a student identification or billing number or campus dining card information from your school, in order to enable you to use our campus dining Services, which we're launching first in Alabama and Louisiana.

FoodFairy retains education information for as long as you have an account with FoodFairy, and for such additional period as FoodFairy determines is necessary to comply with its legal obligations and defend against legal claims.

1.8. Inferences. When you use our Services, we may make inferences about your preferences, such as what kinds of restaurants you like to order food from and what dishes you might like. These inferences help us to personalize your FoodFairy experience, including which Merchants and items we recommend to you and any offers you may see from us.

We do not sell this information to third parties or share it with third parties for cross-context behavioral advertising. We also do not share this information with third parties for business or commercial purposes, though we may disclose it to our service providers, or for other lawful purposes, as described in greater detail in Section 1.11 below.

FoodFairy retains inferences about you for as long as you have an account with FoodFairy, and for such additional period as FoodFairy determines is necessary to comply with its legal obligations and defend against legal claims.

1.10. Communications Content. We maintain communications resulting from your interactions with us or with Delivery Partners, such as email, mail, and chat messages and comments and opinions you express when responding to surveys. We use these communications to (i) communicate with you directly about the Services, including your orders, as well as answer any questions, issues, or concerns you or other users may have; (ii) analyze use of and improve the Platform and our Services; and (iii) detect and prevent fraud, abuse, or other harmful activities, conduct security investigations and risk assessments, and improve and enforce our security measures.

We do not sell communications content to third parties or share it with third parties for cross-context behavioral advertising. We also do not share this information with third parties for business or commercial purposes, though we may disclose it to our service providers, or for other lawful purposes, as described in greater detail in Section 1.11 below.

FoodFairy retains communications content for as long as you have an account with FoodFairy, and for such additional period as FoodFairy determines is necessary to comply with its legal obligations and defend against legal claims.

1.11. Other Circumstances Under Which we Might Use or Disclose Your Data. In addition to the above, FoodFairy may need to use or disclose your personal information for:

(i) providing our Services, including by providing information to Merchants, delivery providers, payment processors, and other service providers that we rely on to process and fulfill orders or other service providers that help us keep the Platform and our Services running smoothly;

(ii) completing your requests, including by providing information to other FoodFairy users when you use our group order feature or to Merchants who you direct us to provide information to;

(iii) allowing you to use our enterprise services, including by providing information to your university or employer so that you can use its enterprise account;

(iv) enabling your participation in Merchant reward programs, including by providing your information toe Merchants as needed to track points and otherwise facilitate your participation in the reward program;

(v) complying with legal and regulatory requirements and proceedings, including corporate reporting obligations, subpoenas, or law enforcement requests; and/or

(vi) enforcing our rights, including to (a) investigate, prevent, and/or mitigate violations of our Terms of Use, (b) detect, suppress, or prevent fraud or reduce credit risk and collect debts owed to us, (c) exercise or protect the rights, property, or personal safety of FoodFairy, our visitors, or others, and/or (d) enforce our agreements with third parties and business partners.

We may also disclose your personal information to:

(i) other companies owned or controlled by ChumCity Inc., and other companies owned by or under common ownership as GlobalStorm Holdings Inc., which also includes our subsidiaries (i.e., any organization we own or control) or our ultimate holding company (i.e., any organization that owns or controls us) and any subsidiaries it owns, for operational or business purposes or as otherwise described in this Privacy Policy; or

(ii) very highly unlikely scenarios: like, a third party during negotiation of, in connection with, or as an asset in a corporate business transaction, such as a merger, acquisition, joint venture, or financing or sale of all or a portion of company assets, or in the event of insolvency, bankruptcy, or receivership.

Finally, we may use or disclose personal information for a specific purpose not contemplated by this Privacy Policy. In such an event, we will specifically disclose that use to you and, when necessary, obtain your consent.

2.1. Managing Your Data. If you live in certain states such as California, Colorado, Connecticut, Utah, and Virginia, you have the right to request certain actions with respect to your data. We will endeavor to honor your requests if you live in another state as well, where possible and consistent with law.

You may submit a request to get a copy of your Personal Information, to understand what we collect and how we share your Personal Information, or to delete your Personal Information. We will need to verify your identity before processing your request, which may require us to request additional personal information from you or require you to log into your account.

In certain circumstances, we may decline such a request, such as when we are unable to verify your identity, or when we are unable to delete your information for legal or regulatory reasons. If we are unable to comply with all or a portion of your request, we will explain the reasons for declining to comply with the request.

You may submit a request through the following link:

Alternatively, you may email us at privacy@chumcity.xyz with the subject line “Privacy Request.”

You may also correct or update your personal information, such as your name, email address, address, payment information, and phone number, in your account profile page.

If you choose to use any of these methods to manage your data, we will not penalize you, charge you different prices, or provide different quality of services, except to the extent you limit our ability to process personal information needed to provide our Services. For example, if you have your data deleted, we may no longer be able to provide you with our products and Services or engage with you in the same manner.

If you have any questions about your request, you may email us at privacy@chumcity.xyz Colorado, Connecticut, and Virginia residents may appeal the denial of a request made by emailing privacy@chumcity.xyz, and we will respond within the legally required time period, including a written explanation of the results of your appeal.

2.5. Requests From Others on Your Behalf. In certain circumstances, you may permit someone else (an “authorized agent”) to submit requests about your information on your behalf. The authorized agent must provide sufficient evidence to show that the authorized agent has authority to act on your behalf, including, without limitation, proof that the authorized agent has been lawfully vested with power of attorney. We may deny a request in the event we are not able to verify the authorized agent’s authority to act on your behalf.

Please note that for privacy and security reasons, we may direct communications in response to an authorized agent’s request to you rather than to the authorized agent. For example, we may need to verify your identity and confirm directly with you that you have provided the authorized agent permission to submit the request, and it may take additional time to fulfill requests from authorized agents.

3. How We Store and Protect Your Information

3.1. Data Storage and Transfer. If you create an Account on the Platform as a visitor from outside the United States, by using and/or accessing the Platform or Services, you consent to the collection, transfer, storage, and processing of your information to and in the United States. If you are located in the European Union or other regions with laws governing data collection and use that may differ from U.S. law, please note that we may transfer information, including personal information, to a country and jurisdiction that does not have the same data protection laws as your jurisdiction.

3.2. Keeping Your Information Safe. We care about the security of your information and employ physical, administrative, and technological safeguards designed to preserve the integrity and security of all information collected through our Platform and Services. However, no security system is impenetrable and we cannot guarantee the security of our systems. Please recognize that protecting your personal information is also your responsibility. Accordingly, we strongly recommend that you change your passwords often and not reuse passwords, use a combination of letters and numbers, make sure you use a secure browser, and otherwise take precautions when communicating your personal information on the internet. If you know or have reason to believe that your Account credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your Account, please contact us following the instructions in the Contact Us section below.

4. Children’s Personal Information

Our websites and online Services are not directed to, and we do not intend to, or knowingly, collect or solicit personal information from children under the age of 16, nor do we knowingly sell or share personal information of children under the age of 16. In the event that we learn that we have inadvertently collected personal information from a child under age 16, we will endeavor to delete that information. If you have knowledge that we have collected personal information from a child under 16, please contact us at privacy@chumcity.xyz.

5. Third-Party Websites

Our websites and online Services may include links to third-party websites, plug-ins, and applications. Except where we post, link to, or expressly adopt or refer to this Privacy Policy, this Privacy Policy does not apply to, and we are not responsible for, any personal information practices of third-party websites and online services or the practices of other third parties. To learn about the personal information practices of third parties, please visit their respective privacy notices.

6. Promotional Activities

We may offer promotional activities, such as contests, sweepstakes, joint promotional activities, or co-branded services, from time to time. You should carefully review the rules and/or terms of each promotion in which you participate, as the promotion may contain additional important information about our, a sponsor's, and/or other third party's use of your personal information. To the extent that the rules or terms of those promotions concerning the treatment of your personal information conflict with this Privacy Policy, the rules of those promotions will control. When such disclosure is necessary to fulfill your request or application or otherwise enable your participation in the promotion, we will disclose personal information to the promotion’s co-sponsors.

7. Region Specific Disclosures

We may choose or be required by law to provide different or additional disclosures relating to the processing of personal information about residents of certain countries, regions or states. 

8. Contact Us

If you have any questions or requests in connection with this Privacy Policy or other privacy-related matters, please send an email to privacy@chumcity.xyz.

Alternatively, inquiries may be addressed to:

ChumCity Inc.

Attention: Privacy Team

John Hand Building, 5th Floor

Birmingham, AL 35203

Please note that email communications will not necessarily be secure; accordingly, please do not include credit card information and/or other sensitive personal information in your email correspondence with us.