Privacy Statement

Welcome to Order Healthy! This Privacy Statement describes how Xomniax LLC ("Order Healthy," "us" or "we") treats personal information when you use Order Healthy's mobile application or Web Site located at www.orderhealthy.com (each, the "App"). This Privacy Statement does not address or govern any information gathering, use, or dissemination practices related to information collected from the user (referred to as "you" or "your") other than directly through or from the App, such as from telephone, facsimile, postal mail, personal delivery, or other or additional offline means or media. Order Healthy can be contacted at info@orderhealthy.com. This App is intended for use by residents of the United States. This Privacy Statement is incorporated into Order Healthy's Terms and Conditions by reference, as if set forth fully therein, which must be reviewed and accepted by you. By using the App, you agree to the terms and conditions of this Privacy Statement.

  1. PRIVACY OF CHILDREN

    The App is not intended for individuals under the age of 18. The App does not knowingly collect personal information online from users in this age group. If we learn that we have collected personal information from a child under age 18, we will delete that information as quickly as possible. If you believe that we might have any information from a child under age 18, please contact us. We strongly recommend that minors ask their parents for permission before sending any information about themselves to anyone over the Internet and we encourage parents to teach their children about safe internet use practices.

  2. COLLECTION OF PERSONALLY IDENTIFIABLE INFORMATION FROM APP USERS

    "Personally Identifiable Information" is information that identifies you as an individual. Most of the Personally Identifiable Information we collect is what you tell us about yourself, both during log-in (as described below) and through the information you choose to add to your profile. You choose what information you want to share. We may also collect information automatically using certain technologies, but this information does not identify you individually, though it may identify your computer or device (see below regarding Non-Personally Identifiable Information).

    When you place an order using the App, you must also be logged in to your account with one of our third party delivery partners, such as Delivery.com ("Delivery Partners"). When you place an order using the App, our Delivery Partners may share certain Personally Identifiable Information with us so that we can confirm that your order has been processed.

    When you use or connect to Order Healthy or download the Order Healthy mobile app by or through a social network or Third Party Platform, such as Apple's App Store, we will access and/or collect certain Personally Identifiable Information from your social network or Third Party Platform profile/account (such as your Facebook account) or via any cookies placed on your device by such social network or Third Party Platform, which information will include Personally Identifiable Information such as your name, birthday, email address, and other information as permitted by the terms of the agreement and your privacy settings with the social network or Third Party Platform.

    In some cases we may ask for additional information for security reasons or to provide specific services to you, or you may voluntarily choose to provide information through online forms, surveys, or other avenues. When a User performs a search within the App, Order Healthy may record information identifying the user or linking the user to the search performed and recording information related to the search request.

    Without limiting the foregoing, Order Healthy has the right, but not the obligation, to monitor any and all communications posted to the App, including through user features and other general areas of the App. Such voluntary information posted by you may be collected and used by Order Healthy in accordance with this Privacy Statement.

  3. USE OF PERSONALLY IDENTIFIABLE INFORMATION COLLECTED

    We use the Personally Identifiable Information we collect to provide our services and features to you, to measure and improve those services and features, and to provide you with customer support. In addition, we use Personally Identifiable Information:

    • to respond to your inquiries and fulfill your requests, such as to facilitate your ordering of healthy meals.
    • to send you important information regarding our relationship with you or regarding the App, changes to our terms, conditions, and policies and/or other administrative information.
    • to send you marketing communications that we believe may be of interest to you both on the App and on other sites.
    • to deliver newsletters and other communications to you via email.
    • to personalize your experience on the App by presenting products and offers tailored to you.
    • to notify you of special offers and products or services available from us or our partners that might be of interest to you, including to allow you to participate in sweepstakes, contests, and similar promotions, and to administer these activities. Some of these activities have additional rules, which could contain additional information about how we use and disclose your personal information, so we suggest that you read these rules carefully.
    • to enable us to publish your reviews, forum posts, and other content to the Order Health community.
    • for our business purposes, such as data analysis, audits, developing new products, enhancing our App, improving our products and services, identifying App usage trends, and determining the effectiveness of our promotional campaigns.
    • as we believe to be necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities, including public and government authorities outside your country of residence; (d) to enforce our terms and conditions; (e) to protect our operations or those of any of our affiliates; (f) to protect our rights, privacy, safety or property, and/or that of our affiliates, you, or others; and (g) to allow us to pursue available remedies or limit the damages that we may sustain.
    • for any other purpose specified at the point of collection.

  4. DISCLOSURE OF PERSONALLY IDENTIFIABLE INFORMATION TO THIRD PARTIES

    Except for the following purposes, no Personally Identifiable Information, including without limitation personal messages, may be disclosed or shared with any third party unless we have your consent:

    • to our affiliates for the purposes described in this Privacy Statement.
    • to our third party service providers who provide services such as App hosting, data analysis, payment processing, order fulfillment, infrastructure provision, IT services, customer service, email and direct mail delivery services, credit card processing, auditing services, and other services, in order to enable them to provide services.
    • to our Delivery Partners or other business partners whose services and products you have requested. When you request a product or service through one of our business partners, such as our Delivery Partners, the information shared with those business partners will be governed by their privacy policy.
    • by you, on message boards, chat, profile pages, blogs, and other social networks to which you are able to post information and materials. Please note that any information you post or disclose through these social networks may become public information depending on your privacy settings both on the App and the App on which the information is posted or disclosed. When you choose to access third party social media sites or apps through our App, their use of the information you share will be governed by their privacy policies.
    • to a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer, or other disposition of all or any portion of our business, assets, or stock (including in connection with any bankruptcy or similar proceedings).
    • as we believe to be necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities, including public and government authorities outside your country of residence; (d) to enforce our terms and conditions; (e) to protect our operations or those of any of our affiliates; (f) to protect our rights, privacy, safety, or property, and/or that of our affiliates, you, or others; and (g) to allow us to pursue available remedies or limit the damages that we may sustain.
    • otherwise, with your consent.

    Any third parties to whom Order Healthy discloses information as permitted by this Privacy Policy are independent third parties over which Order Healthy exercises no control, and, therefore, Order Healthy is not responsible for their conduct and will not be liable therefor.

  5. MOBILE USERS / LOCATION INFORMATION

    When you access Order Healthy, we may collect information such as your mobile device and hardware IDs and device type, your carrier, your carrier user ID, and any other personally identifiable information. Certain information, including your personally identifiable information, may be stored locally on the device used to access the App. It is your responsibility to protect the device you use to access Order Healthy.

    The App includes certain location-based features, such as our restaurant browse feature. To provide these location-based features, Order Healthy may access information about your precise location (such as GPS signals sent by a mobile device) or information that can be used to approximate such location (such as a cell ID or if you agree to input a zip code or address). We may monitor, collect and use any location-related information as necessary to provide you with these location-based services.

  6. PAYMENT PROCESSING

    Order Healthy does not itself process payment information for your orders. Our third party Delivery Partners process your payment using the information you have provided to them through your account with that Delivery Partner. Such Delivery Partner's use of your Personally Identifiable Information is governed by their respective privacy policy, which may or may not contain privacy protections as protective as this privacy policy.

  7. INVITATIONS TO NON-USERS

    You may use the App to send invitations to email addresses of people you know who have not registered with the App. The names and email addresses of people whom you invite will be used to send your invitations and reminders. Please note that when you send an invitation to connect to another person, that person will have access to your email address because it is displayed in the invitation. By providing email addresses or other information of non-users to the App, you represent that you have authority to do so. All information that you enter or upload about your contacts is covered by the Terms and Conditions and this Privacy Policy.

  8. NON-PERSONALLY IDENTIFIABLE INFORMATION

    Non-Personally Identifiable Information We Collect

    "Non-Personally Identifiable Information" is any information that does not reveal your specific identity, such as:

    • Browser information
    • Information collected through cookies, pixel tags, and other technologies
    • Demographic information and other information provided by you, whether online or offline
    • Aggregated information

    How We Collect Non-Personally Identifiable Information

    We and our third party service providers may collect Non-Personally Identifiable Information in a variety of ways, including:

    • Through your browser: Certain information is collected by most browsers, such as your Media Access Control (MAC) address, computer type (Windows or Macintosh), screen resolution, operating system version, and Internet browser type and version.
    • Through your device: When you access the App through your mobile device, we may collect your device type and any related hardware IDs, your carrier, and your carrier user ID.
    • Using cookies: Cookies allow a web server to transfer data to a computer for recordkeeping and other purposes. We use cookies and other technologies to, among other things, better serve you with more tailored information and facilitate your ongoing access to and use of the App. If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to decline the use of cookies. To learn more about cookies, please visit http://www.allaboutcookies.org/. Note that if you decide not to accept cookies from our App, you may not be able to take advantage of all of the features of the App.
    • Using pixel tags, web beacons, clear GIFs, or other similar technologies: These may be used in connection with some App pages and HTML-formatted e-mail messages to, among other things, track the actions of App users and e-mail recipients, measure the success of our marketing campaigns, and compile statistics about App usage and response rates.
    • From you: Information such as your preferred means of communication or demographic information about you (such as your age or your gender) is collected when you voluntarily provide this information. Unless combined with Personally Identifiable Information, this information does not personally identify you or any other individual.
    • By aggregating information: Aggregated information does not personally identify you or any other individual (for example, we may calculate the percentage of our App users who have a particular telephone area code).

    How We Use and Disclose Non-Personally Identifiable Information

    If Non-Personally Identifiable Information does not personally identify you or your computer or device, then we may use and disclose it for any purpose. In some instances, we may combine Non-Personally Identifiable Information with Personally Identifiable Information (such as combining your name with your geographical location). If we combine any Non-Personally Identifiable Information with Personally Identifiable Information, the combined information will be treated by us as Personally Identifiable Information as long as it is combined.

  9. THIRD PARTY ANALYTICS

    We may allow third party analytics providers, such as Google Analytics, to use cookies, identifiers, and methods of web analysis to gather, store, and track certain information related to your use of and activity on the App. These analyses provide us with tools to calculate the numbers and frequency of visitors on the App and to understand how you and other users use the App in order to improve your experience and to optimize content and marketing on the App, including by matching you to the right messages and showing you advertisements that are more relevant to your interests.

  10. OUR ADS AND THIRD PARTY ADVERTISING

    You may see Order Healthy advertisements on other apps and sites that you visit from time to time. Some of these ads are based on your browsing history over time and across different websites and apps.

    We allow advertisers to choose the characteristics of users who will see their advertisements and we may use any of the non-personally identifiable information we have collected (such as your age range or restaurants you have visited) to select the appropriate audience for those advertisements. For example, we might use the fact that you reviewed the menu of a particular restaurant to show you an ad from that restaurant, but we do not tell the restaurant who you are. When you click on or otherwise interact with an advertisement there is a possibility that the advertiser may place a cookie in your browser and note that it meets the criteria they selected.

    These advertisers and advertising networks collect information about your interests when you view or interact with one of the advertisements they place on the App and on many different websites on the Internet. The information gathered by these third parties is used to make predictions about your characteristics, interests or preferences and to display advertisements on the App and across the Internet tailored to your apparent interests.

    Please note that we do not have access to or control over cookies or other technologies these third parties may use to collect information about your interests, and the information practices of these third parties are not covered by this Privacy Policy. Some of these companies are members of the Network Advertising Initiative, which offers a single location to opt out of ad targeting from member companies. To learn more, please click here.

  11. SECURITY MEASURES AND COMMUNICATING WITH ORDER HEALTHY

    Order Healthy has implemented physical, electronic and procedural security features that are designed to prevent the unauthorized release of or access to personally identifiable information. Despite Order Healthy's efforts to protect your personal information, the confidentiality of any communication or material transmitted to or from Order Healthy via this App or via e-mail cannot be and is not guaranteed. You acknowledge that the technical processing and transmission of the App content may be transferred unencrypted and involve (a) transmissions over various public networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Accordingly, Order Healthy is not responsible for the security of information transmitted via the Internet. Instead of communicating with Order Healthy via e-mail or the Internet, users can contact Order Healthy by regular mail at P.O. Box 329, Old Westbury, NY 11568.

  12. LINKS TO OTHER APPS

    The App may also contain links to other Apps or advertisements for or placed by third parties, including YouTube®, Twitter®, Facebook®, Google+® and other social media Apps, as well as Apps that enable you to purchase products and services. If you access a third party App from a link on this App, any information you disclose on that App is not subject to this Privacy Statement. It is possible that these links may be used by third parties to collect personal or other information about you. Order Healthy is not responsible for the privacy practices of such Web Apps, advertisers, or third parties or the content of such Apps and it is your sole obligation to review and understand the privacy practices and policies of these other web Apps. Order Healthy does not control these third parties' use of cookies, collection of information, or how they manage such information. It is solely your obligation to review and understand the privacy practices and policies of these other Web Apps, advertisers and any third parties.

  13. ACCESS TO AND UPDATING PERSONAL INFORMATION

    Upon your request via postal mail, e-mail, or telephone, Order Healthy will provide you with a summary of any personally identifiable information retained by Order Healthy that has been voluntarily provided by you to Order Healthy through online forms, registration forms, contest entries, surveys, e-mail, or another online avenue. Upon your request, Order Healthy will make good faith efforts to modify, correct, change, update or delete your personal information if it is not otherwise required to be retained by law or for legitimate business purposes. We will ask you to identify yourself and the information requested to be accessed, corrected or removed before processing such requests, and we may decline to process requests that are unreasonably repetitive, require disproportionate technical effort, jeopardize the privacy of others, or would be extremely impractical.

    If you close your account, we have no obligation to retain your information, and may delete any or all of your account information without liability. If you close your account or ask Order Healthy to delete information about you, we may retain certain data contributed by you if Order Healthy believes it may be necessary to prevent fraud or future abuse, or for legitimate business purposes, such as if required by law. Order Healthy may also retain and use your information if necessary to provide its services to other Users. For example, just as an email you may send to another person through an email service provider resides in that person's inbox even after you delete it from your sent files or close your account, content on Order Healthy may remain visible to others after you have closed your account. Similarly, other information you have shared with others, or that other Users have copied, may also remain visible. Order Healthy disclaims any liability in relation to the deletion or retention (subject to the terms herein) of information or any obligation not to delete the information.

  14. DO NOT TRACK.

    Your mobile internet browser may transmit a "Do Not Track" ("DNT") signal to the App. Because of differences in mobile internet browsers' default settings and the manner in which browsers incorporate DNT signals, it is sometimes unclear to App operators whether App users have selected the DNT setting themselves, or whether they are aware that they have a choice in determining the setting. Order Health does not currently respond to DNT signals. Once the Internet industry has settled on standards related to this issue and Order Healthy recognizes such standards, we may reevaluate this approach.

  15. CALIFORNIA RESIDENTS.

    California Civil Code Section 1798.83 (also known as the "Shine The Light" law) permits users who are California residents to request and obtain from us once a year, free of charge, certain information regarding our disclosure of personal information to third parties for direct marketing purposes. If you are a California resident and would like to make such a request, please submit your request by email to info@orderhealthy.com.

  16. RIGHT TO CHANGE PRIVACY STATEMENT

    Order Healthy may change this Privacy Statement at any time. Unless otherwise required by law, notice of any new or revised Privacy Statement, as well as the location of the new or revised statement, will be posted on the App prior to the change. It is the obligation of users returning to the App to learn of changes to the Privacy Statement since their last visit. Any change to this Privacy Statement shall be effective as to any user who has visited the App before the change was made.

Dated: June 24, 2016

© 2016 Xomniax LLC; All rights reserved.