Last Updated: December 7, 2022

Your privacy is important to us. AIYA Technology System LLC, a Delaware company (“AIYA”, “we” or “us”), operates proprietary technology services that facilitate ordering, administering, marketing, selling and fulfillment of orders for food, beverages and other products (the “Service”) through the website https://www.aiya.us and its proprietary mobile application, (collectively, the “App”). This Privacy Policy (the “Policy”) describes how we collect, store, use and disclose information collected through the App. This Policy applies no matter how you interact with AIYA or the App. The Policy also describes the choices you have with regards to your personal information. By accessing the App or utilizing the Services, you consent to the information collection and handing practices outlined in this Policy. This Policy does not apply to third party sites or services that may collect information for their own purposes using our platforms.

We may update this Policy from time to time. We post the effective date of this Policy above. We encourage you to check this App frequently to see the current Policy and Terms of Use in effect and any changes that may have been made to them. If we make material changes to this Policy, we will post the revised Policy and the revised effective date on this App. YOUR CONTINUED ACCESS AND USE OF THE APP, OR OUR SERVICES FOR THIRTY (30) DAYS FOLLOWING ANY POSTED CHANGES TO THIS PRIVACY POLICY, MEANS YOU AGREE TO BE LEGALLY BOUND BY BOTH THIS PRIVACY POLICY AND OUR TERMS OF USE. IF YOU DO NOT AGREE TO THE TERMS OF THIS PRIVACY POLICY, DO NOT USE THE APP OR OUR SERVICES OR PROVIDE ANY INFORMATION TO US.

This Policy forms part of our Terms of Use.

What information do we Collect?

Personal information is any information or data relating to you that may be used to identify you, either directly or indirectly, or to contact you.

AIYA collects information either directly from you when you communicate information to us, indirectly by your interactions with the App, or from third party servicers. We collect data only where we have lawful grounds to do so.

You have choices about the information we collect. When you are asked to provide us with personal information, you may decline. If you choose to not provide us with the information necessary to make the Services available to you, you may not be able to sign up for an account or use the Services.

The personal information we collect about you may include but is not limited to:

·First and last name;

·Full residential address;

·Full delivery address;

·Login name and password;

·Phone number;

·Email address;

·Profile picture;

·User date of birth;

·Identification document information;

·Gender;

·Biometric data (including fingerprint data);

·Cookies;

·IP address;

·Browser type and version;

·Device information;

·Account information;

·Payment and/or banking information;

·Transaction information (including type of service, delivery instructions/information, time and date, payment method, distance);

·Order information and preferences, possible including food allergy selections;

·Background check information;

·Demographic data;

·Employment status;

·Hours of work;

·Earnings from work;

·Tip or gratuity information

·Location data (if in App location services have been enabled or has been entered manually);

·User content;

·Usage data (App and Services)

·Item preferences; and

·Service preferences.

If you connect with us via social media, such as Facebook or Twitter, we may collect additional information about you and your connections if you authorize us to do so by providing the necessary consents.

How do we collect your information?

AIYA collects information about you in various ways when you use our App or Services. Examples of how we may directly collect information from you include when you sign up for the Service, create or update an account, communicate with us, sign up for email subscriptions, create a transaction, complete a form or a survey, from third parties such as marketers, from vendors or suppliers, when you update your preferences, or from publicly available sources. Examples of information that we may collect automatically from your interactions with our App or Services include the use of tracking technologies, cookies (see below for more on cookies) and other third party analytic tools. We may also collect personal information from a restaurant or other vendor, a supplier or other entity that is reasonably related to the Services AIYA provides.

How do we use your information? 

AIYA collects information to enable us to operate the Services effectively and reliably, to provide you with the best possible experience on the App and to improve the Service. AIYA may also use your data:

·To provide the Services;

·To verify identity;

·To communicate with you;

·To manage email subscriptions;

·To allow you to participate in interactive features of our Service;

·To enable communication between users (e.g. Vendor and Supplier);

·To enable personalization of the Services;

·To provide customer support;

·To analyze information to improve the Service;

·To monitor Service usage;

·To conduct research and development;

·To market the Services and the App;

·To enable automated decision making related to the Services;

·To improve the relevance, safety and security of the App;

·To detect, prevent and address technical issues;

·To combat fraud and other unsafe activities;

·To maintain the safety, integrity security of the Service;

·To provide you with news, special offers and general information about other goods, services and events which we offer; and

·In connection with legal proceedings.

We may use your personal information to send you marketing communications. You may opt out of receiving any, or all, of these marketing communications by following the unsubscribe or opt out link on the communication or by sending us an email at the address indicated below. If you opt out of receiving marketing communications, we may still send you emails about your account(s) or our ongoing business relations. Users may also opt out of receiving emails and other messages from AIYA by following the unsubscribe instructions in those messages. We may still send users who have opted out non-promotional communications, such as receipts or information about their account. You may not opt out of receiving emails or notifications for certain elements of the Services, including communications related to your transactions.

AIYA may use the data it collects to generate and provide users with receipts; inform them of changes to the terms, services, or policies; or send other communications that aren’t for the purpose of marketing the services or products of AIYA.

Provisions Specific to California Residents

California Civil Code §1798.83 permits residents of California to request certain details about information we disclose to third parties for direct marketing purposes. If you are a California resident and would like to request this information, please contact us at the address listed below.

The California Consumer Privacy Act (“CCPA”) is a privacy law that grants California residents new rights with respect to their personal information. This law is effective January 1, 2020. AIYA does not sell your data, is not a data broker and does not put your data on the open market. However, under the CCPA, some sharing of personal information necessary to provide you with personalized ads may be considered a “sale,” even if no money is exchanged. AIYA is not changing how it shares your data, but wants to make sure you have choices under the new definition of "sale." When you opt out through the App or by contacting us, AIYA will stop sharing your information with some of its advertising partners. As a result, you may no longer receive personalized offers from AIYA on some sites or services.

Your California Rights

A. Right to know and access personal information

You may submit a verifiable request to be informed about the (1) categories of personal information collected, sold, or disclosed by us, (2) purposes for which categories of personal information are collected or sold by us, (3) categories of sources from which we collect personal information, (4) categories of third parties with whom we disclosed or sold personal information, and (5) specific pieces of personal information that we collected about you during the prior twelve months.

B. Right to request deletion of personal information

Subject to certain exceptions, you may submit a verifiable request that we delete the personal information about you that we collected from you. Once we receive your request, we will let you know what, if any, personal information we can delete from our records, and we will direct any service providers with whom we shared your personal information to also delete your personal information from their records.

There may be circumstances where we cannot delete your personal information or direct service providers to delete your personal information from their records. Some of these instances include, but are not limited to, if we need to: (1) retain your personal information to complete a transaction, provide a good or service, fulfill the terms of a written warranty, or to perform under a contract between us; (2) detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for that activity; and (3) comply with the law.

C. Verification

Requests for access to or deletion of personal Information are subject to our ability to reasonably verify your identity in light of the information requested and pursuant to relevant CCPA requirements, limitations, and regulations. To request access or deletion, you can contact us at the contact information listed below with your name, mailing address, email address, phone number, and the last 4-digits of an account or credit card number in your request and we will reach out to you. To verify your identity based on information previously provided to us, we may request additional information.

D. Right to opt-out of the sale of personal information

You have the right to opt-out of the sale of your personal information.

E. Right to equal service and price

You have the right not to receive discriminatory treatment by a business for the exercise of your CCPA privacy rights, subject to certain limitations.

F. Right to initiate a private cause of action

You have the right, if certain parts of your personal information are part of a data security breach, to initiate a private cause of action.

G. Right to correct inaccurate personal information

If you believe that the personal information we have about you is incorrect, you may submit a request for such personal information to be corrected. We shall use commercially reasonable efforts to correct the personal information we hold about you.

H. Right to limit use and disclosure of sensitive personal information

You have the right to limit our use of sensitive personal information (“SPI”) to what is necessary or reasonably expected of us in order to perform the Services. If we use SPI beyond what is necessary to provide the Services, we shall provide you notice of the additional purposes for our use of SPI and remind you of your right to request that we limit the use of the SPI.

SPI is a subset of personal information that reveals (i) your social security number, driver’s license number, state identification card or passport number; (ii) your account log-in, financial account information, debit or credit card number in combination with any password or access code to grant access; (iii) your precise geolocation; (iv) your racial or ethnic origin, religious or philosophical beliefs, or union membership; (v) the content of your mail, email or text messages unless we are the intended recipient of said communications; and (vi) your genetic data.

I. Submit requests

If you are a California resident and would like to exercise your rights under the CCPA, please send your request to the contact information listed below with "Your California Privacy Rights" in the subject field of your email. Once you contact us, we may need to confirm your identity to process the request.

J. Authorizing an agent

If you are acting as an authorized agent to make a request to know, delete, or opt out on behalf of a California resident, please send a message to the email in our “How you can reach us section” and attach a written authorization signed by the resident.

K. "Do Not Track" Signals under the California Online Protection Act (CalOPPA): We do not support or respond to browser Do Not Track ("DNT") signals. Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked. You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser.

When do we disclose your data?

Our App and Services are designed to share certain information about end users with restaurants, food vendors, payment processors other vendors or suppliers, as applicable. The information we share about you is shared only to the extent reasonably necessary to support the performance of the Services. Through the use of the App and the Services, you agree to the disclosure of this information by us as applicable. Some of AIYA’s products, services, and features require that we share data with other users or at a user’s request. We may also share data with our affiliates, subsidiaries, and partners, for legal reasons or in connection with claims or disputes. We do not disclose your personal information with any other third parties other than as described in this Policy. Please note that we do not maintain control over the privacy policies and practices of any third-party company.

We will not use or disclose your information for purposes other than those for which it is collected, except with your consent or as required or permitted by law.

We may reveal personally identifiable information about you to affiliated and unaffiliated third parties: (1) if you request or have consented to it; (2) if the information is provided to help complete a transaction for you; (3) if the information is provided to comply with the law, applicable regulations, court orders or subpoenas, to enforce our Terms of Use or other agreements, or to protect our rights, property or safety or the rights, property or safety of our users or others; (4) if the disclosure is done as part of a purchase, transfer or sale of services or assets or in the case of bankruptcy or reorganization (e.g., in the event that some or all of our assets are acquired by another party, customer Services information may be one of the transferred assets); (5) in an emergency to protect the health personal safety of AIYA employees, its customers or the general public; (6) to protect the rights and property of AIYA, including both intellectual property and physical systems infrastructure or (7) as otherwise described in this Policy.

The Service may contain links to sites that are owned and operated by third parties. If you click a third-party link, you will be directed to that third party's App. We have no control over and assume no responsibility for the content, privacy policies or practices of any third-party sites or services. Any time you access a third-party website, you will be subject to the terms of their applicable privacy policies. We strongly advise you to review the privacy policy of every App you visit.

Cookies and Usage Data

We use cookies and similar identification and tracking technologies to track the activity on our Service and to understand how the Service is accessed and used. The types of cookies we use include session, preference and security cookies.

Cookies are files with a small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Other tracking technologies such as beacons, tags and scripts are used to collect and track information. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some or all of our Service.

We may also allow others to provide audience measurement and analytics services for us, to serve advertisements on our behalf across the Internet, and to track and report on the performance of those advertisements. These entities may use cookies, web beacons, SDKs, and other technologies to identify the devices used by visitors to our websites, as well as when they visit other online sites and services.

Google Analytics

Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. The data collected is used to track and monitor the use of the Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network.

You can opt-out of having made your activity on the Service available to Google Analytics by installing the Google Analytics opt-out browser add-on. The add-on prevents the Google Analytics JavaScript (ga.js, analytics.js and dc.js) from sharing information with Google Analytics about visits activity.

For more information on the privacy practices of Google, please refer to the Google Privacy Terms.

Withdrawal, Access and Retention of Data

If you wish to withdraw from our Services, you can do so by deleting your account within the App or by contacting us at the address indicated below. This will terminate your participation in the Services. You will no longer be able to use the Services and information in your Services account may be deleted. Any data concerning your past transactions or account activity will no longer be available to you and will be stored in a secure manner. We are legally required to keep a backup copy of such data for seven (7) years after the transaction was completed and we may also use that information for a time following termination to manage risks in our delivery of the Services. Thereafter, the copies of data you have provided in connection with any transaction you complete from the use of the Services are removed from our secure storage and securely destroyed.

We will retain personal information only as long as necessary for the fulfillment of the purposes identified in this Policy, to the extent necessary to comply with our legal obligations, to resolve disputes and to enforce our legal agreements and policies. Personal information that is no longer required to fulfill such purposes are destroyed or anonymized.

To access and review your information, make any changes or corrections or to request that we remove your information please follow the steps in the App or contact us at the address below. To protect your privacy and to comply with federal regulations, we will need to verify your identity before you update or review your information. Any changes will affect only future uses of your information.

Storage and Transfer of Data

We may store or transfer your information outside of your state, or the United States on computers or in a cloud-computing service that is protected by commercially reasonable security systems. By submitting your personal information, you agree to the transfer, storing, or processing in destinations inside or outside the United States. We may transfer personal information to recipients in countries other than the country in which the data was originally collected, including the United States. These countries may have different data protections rules than the United States. We will take measures to ensure that any such transfers comply with the applicable data protection laws and that your personal information data remains protected to the standards described in this Policy.

AIYA will take all the steps reasonably necessary to ensure that your data is treated securely and in accordance with this Policy and no transfer of your information will take place unless there are adequate controls in place including the security of your data and other personal information.

By providing your information to us, you expressly agree to the above described cross border transmission of information and manner of transmission. Your email transmissions and other communications containing information may be unlawfully intercepted or accessed by third parties and/or the App and the Services may be subject to hostile network attacks or administrative errors.

Security

The security of your data is important to us. We have physical, administrative, technical and organizational security measures in place in our physical facilities and in our computer systems, databases, and communications networks that are designed to reasonably protect information contained within our facilities or systems from accidental loss, damage, destruction, misuse or alteration appropriate to the sensitivity of the information. We will notify you if there is a breach of our security where required by law or deemed necessary.

The safety and security of your information also depends on you. Where we have given you, or where you have chosen a password to access the App or certain parts of the Services, you are responsible for keeping the password and login credentials secure. We ask that you not share your password or login credentials with anyone.

Remember that no method of transmission over the Internet or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security. Any transfer of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained in the App.

FOR THE AVOIDANCE OF DOUBT, WE EXPRESSLY DISCLAIM ANY RESPRESENTATION OR WARRANTY, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO ENSURING, GUARANTEEING OR OTHERWISE OFFERING ANY DEFINITIVE PROMISE OF SECURITY IN CONNECTION WITH YOUR INFORMATION, INCLUDING PERSONAL INFORMATION THROUGH THE APP.

Third Party Payment Processing

Within the Service or on the App, AIYA may offer paid products and/or services. To process payments for the offered paid products and services, we use a third-party payment processor. AIYA does not collect or store your payment card information, it is provided directly to the third-party payment processor. All other references to use or sharing of information in this Policy shall exclude payment information. The collection, use, and storage of payment card information is governed by the practices and policies of the third party payment processor.

Protecting Children's Privacy

Except to the extent that is absolutely necessary, the Service is not designed nor intended to be attractive to be used by people under the age of 18 (“Children”). We do not knowingly collect personal information from anyone under the age of 18. If a parent or guardian of Children becomes aware that their child has provided us information without their consent, please contact us, as indicated in the “Contact Us” section below. Please include an indication that your request is related to a Children’s Online Privacy Protection Act inquiry. We will delete such information from our records within a reasonable time.

Your Data Protection Rights under the General Data Protection Regulation (GDPR)

If you are a resident of the European Economic Area (EEA), you have certain data protection rights under GDPR. AIYA makes the reasonable effort to comply with GDPR. AIYA’s basis of collecting, storing, transferring, using and disclosing your personal information as described in the Policy depends on the information collected and the context of collection.

AIYA takes reasonable steps to allow you to correct, amend, delete or limit the use of your personal information. AIYA may process your personal information as previously outlined in this policy.

You have the right to complain to a Data Protection Authority about our collection and use of your Personal information. For more information, please contact your local data protection authority in the European Economic Area (EEA).

Data Protection Rights

You can view, access, edit, delete or request a copy of your personal information we have on you within your account settings. If you are unable to perform these actions within your account settings, require assistance or would like to request a copy of your data, please contact us at the address below.

You have the right to rectify any information is inaccurate or incomplete. Your personal information can be modified in your account settings. If any information that has been provided is no longer correct, it is your responsibility to contact us to update this information.

You have the right to request that we delete your personal information by emailing us a request with the subject line “Please delete my personal information”. Please be aware that we require certain information about you in order to make the Services available to you. This means, that if you want to delete any of these critical pieces of personal information, you may be required to delete your account and no longer be able to access the Services.

You have the right to object to our processing of your personal information. You have the right to request that we restrict the processing of your personal information. You have the right to be provided with a copy of the information we have on you in a structured, machine-readable and commonly used format. You also have the right to withdraw your consent at any time where AIYA relied on your consent to process your personal information.

We will use reasonable efforts to respond to your requests within 30 days of our receipt of your request. Please note that we may ask you to verify your identity before responding to such requests.

Contact Us

If you have any questions, concerns, complaints or suggestions with respect to this Policy, or if you wish to ask us to delete, correct or show you your personal information, please contact us the email provided in the App with the subject line “Privacy Policy Notice” or “Privacy Policy”. We investigate all complaints, comments and requests and will generally respond within 30 days of receipt of your message.

Please note that when you send us a message you will be providing us with personal information, including your email address, name, and any other information provided in the message. In come cases, additional personal information may be needed in order to answer your questions, concerns or requests. Such information will be handled in accordance with this policy.