Privacy Policy

Last Updated: 07/27/20

This Privacy Policy (“Privacy Policy”) describes the types of information Gaben, LLC dba Kallpod (“Kallpod” “we,” “us,” “our”) collects, uses, and shares about you when you access or use the Kallpod platform, including, without limitation, the Kallpod web application and the information, content, materials, products, and services made available on the Kallpod platform (collectively, the “Services”). Please read this Privacy Policy carefully as it explains your and our rights and obligations over your information. Definitions for capitalized terms used but not defined in this Privacy Policy are defined in our Terms of Use.

1. DATA COLLECTION

We collect certain information about you when you access or use the Services. This information (“Personal Information”) may personally identify you or have the potential to personally identify you. This section describes the Personal Information we collect and the sources of that information.

Information We Collect
  • Identifiers: We may collect your full name, phone number, age, IP Address, device ID, hardware identifiers, or other similar identifiers. We may also collect any other Personal Information that you provide to us, such as language preference.
  • Internet or Other Electronic Network Activity Information: We may collect information regarding your interaction with the Services, including time and geolocation data. We may also collect information automatically from your device, such as device type, operating system and Internet browser type, screen resolution, operating system name and version, device manufacturer and model, language, plug-ins, and add-ons.
  • Geolocation Data: We may collect your physical location or infer your physical location based on your IP address, order history, or other network or voluntarily-provided information.
  • Commercial Information: We may collect information about the products or services you have purchased, obtained, or considered from third party service providers, including restaurants, hotels, and large venues (collectively, “Venues”), including your order history and feedback ratings.
  • Payment Information: In order to allow a Venue to process your order or sell products or services to you, we collect credit card information or other payment information.

Information We Do Not Collect

  • When you use or access the Services, we do not collect sensitive personal information or “special-category data,” such as information about your racial or ethnic origin, religion, gender, or medical conditions. We also do not collect sensitive identifiers, such as social security numbers or passport numbers.
  • We do not knowingly or intentionally collect Personal Information from children under the age of 13. If we discover that we have collected information about a child, we delete the information as soon as possible.

You may refuse to provide, or request that we delete, certain categories of Personal Information we have about you. However, if our collection of the Personal Information is necessary for you to access or use the Services, we may be unable to provide the Services to you.

Information We Do Not Collect

  • You provide some Personal Information to us directly. For example, you provide Identifiers, such as a phone number, when you register for an account. You also need to provide Identifiers such as an email address or full name if you contact us.
  • Your device provides some Personal Information to us automatically. For example, when you scan a QR code at a venue, your device transmits geolocation information.
  • Third parties or public sources may provide us with certain Personal Information. For example, we may collect Personal Information from publicly accessible social media profiles and posts, private third parties, law enforcement, or public sources, to the extent we deem it necessary to do so for the purposes described in the Data Uses section below.
  • We may generate information about you based on our relationship with you, such as which Venues you have patronized or which items you have purchased.

2. DATA USES

This section describes the legal bases and the purposes for which we process your Personal Information. We process your Personal Information:

  • To perform our contractual obligations to you.This includes but is not limited to providing you access to the Services, including, without limitation, transmitting your orders to Venues via the Services; processing customer service requests; sending you administrative updates, including order confirmations; processing payment for your purchases; updating your account information; and performing our contractual obligations to you under our Terms of Use. We process Identifiers, Payment Information, Internet or Other Electronic Network Activity Information, and Commercial Information for this purpose.
  • For legitimate business interests which outweigh the general privacy rights of individual data subjects.This includes but is not limited to analyzing and improving our Services and business operations; ensuring the security and availability of the Services; analyzing your preferences and order history; and monitoring use of the Services to prevent fraud or abuse.
  • To comply with a legal obligation or requirement.We use and process your Personal Information when we believe doing so is necessary to comply with laws and regulations, pursuant to a judicial authorization, or to exercise or defend our legal rights or those of a third party.
  • With your consent. We process your Personal Information to send you marketing communications that you requested or to which you affirmatively subscribed, or to respond to inquiries and questions that you initiated.

If we need to process your Personal Information for a purpose other than that for which the information was initially collected, we will provide you with information about that other purpose before we further process your Personal Information.

3. DATA SHARING AND DISCLOSURE

We may share your Personal Information with third parties:

  • With your consent. We share your Personal Information if you affirmatively consent to it. When you place an order using the Services, you consent to us sharing your information with the Venue who will fulfill your order. If we are legally obligated to obtain your consent prior to sharing your Personal Information, we notify you of the specific purpose for which we are obtaining your consent, and we do not share beyond that purpose without notifying you of and obtaining additional consent for further disclosure.
  • With third parties authorized by you.We share your Personal Information with parties directly authorized by you to receive your Personal Information, such as when you authorize a Venue to charge your payment method or contact you about an order. The use of Personal Information by an authorized third party is subject to the third party’s privacy policy.
  • With third party service providers and agents.We share Personal Information with a limited number of service providers who process it on our behalf to provide or improve our business functions, and who have agreed to privacy restrictions similar to the ones in our Privacy Policy by making similar commitments. For example, we use Stripe to process payments sent through the Services.
  • For legal disclosure. We may share your information with third parties when we reasonably believe disclosure is required or permitted in order to comply with a subpoena, court order or other applicable law, regulation or legal process.
  • To protect us or others. We may share your information to the extent we believe that sharing such information is necessary to protect the rights, property, or safety of us, our products or services, our customers, or others.
  • As aggregate information. We may share certain aggregated, non-personally identifying information internally or with others for purposes of research, reporting, and benchmarking.
  • As a result of merger or sale of our business. We may share Personal Information if we are involved in a merger, sale, financing, liquidation, bankruptcy or acquisition of corporate entities or business units.

Kallpod does not sell or share your Personal Information with third parties for their direct marketing unless we have obtained your prior consent.

4. DATA ACCESS AND CONTROL

You may access, update, alter, or delete certain Personal Information we have about you by contacting us using the information provided in the “Contact Information” section below.

5. DATA NOT TRACK

Certain state laws require us to indicate whether we honor “Do Not Track” settings in your browser. At present, there is no industry standard for recognizing Do Not Track browser signals, so we do not respond to them.

6. DATA RETENTION

We retain your Personal Information according to applicable laws or regulatory requirements and keep it as long as is necessary to fulfill the purposes described in this Privacy Policy or for which the Personal Information was collected. If you have questions about the Personal Information we have retained about you, please contact us using the information provided in the “Contact Information” section below.

7. DATA SECURITY

While no online service is 100% secure, we use reasonable security measures to prevent the unauthorized access, use, alteration, or destruction of your Personal Information. We monitor our Services for potential vulnerabilities and attacks, and we use a variety of security technologies and organizational procedures to help protect your Personal Information. We also limit access to your Personal Information to those personnel with a need to know in order to perform services for us.

8. THIRD PARTY LINKS

We may provide content on the Services that links to third-party websites. For example, we may post links to Venues’ websites or social media sites. We do not control, and are not responsible for, third parties’ privacy practices and content. When you click on a link to a third-party site, the third party may collect your personal data, which will be governed by the third party’s privacy policy. Please read the third party’s privacy policy and terms of use to learn about how they collect and process your personal data.

9. CALIFORNIA PRIVACY RIGHTS NOTICE

This California Privacy Rights Notice (“Notice”) applies only to individuals residing in the State of California who are considered “consumers” and from whom we collect “personal information” as those terms are defined in the California Consumer Privacy Act of 2018 (CCPA). We will update this Notice at least once every twelve (12) months to reflect changes in our business, legal or regulatory obligations, so please check this Notice periodically for changes.

How We Collect, Use, and Disclose Your Data

We collect the categories of Personal Information listed in the “Information We Collect” section above. We use the information for the business or commercial purposes specified in the “Data Uses” section above. We disclose your information to the categories of third parties listed in the “Data Sharing and Disclosure” section above.

Your CCPA Rights and Choices

California consumers have the following rights regarding our use and disclosure of your personal information, subject to certain limitations in the CCPA:

1. The right to know. You may request, up to twice in a 12-month period, the following information about the personal information we have collected about you during the past 12 months:

  • the categories and specific pieces of personal information we have collected about you;
  • the categories of sources from which we collected the personal information;
  • the business or commercial purpose for which we collected the personal information;
  • the categories of third parties with whom we shared the personal information; and
  • the categories of personal information about you that we disclosed for a business purpose, and the categories of third parties to whom we disclosed that information for a business purpose.

2. The right to delete. You may request that we delete the personal information we have collected about you, subject to certain limitations under applicable law.

3. The right to opt-out from a sale. You may request to opt out of any “sale” of your personal information.

4. The right to non-discrimination. The CCPA prohibits discrimination against you for exercising any of these rights.

You may exercise any of the rights above by submitting a request using the Contact Information provided below. We may need to verify your identity before responding to your request, such as by requesting government-issued identification or confirming your full name, email address or account access.

10. CONTACT INFORMATION

Gaben, LLC dba Kallpod

Email: legal@kallpod.com

Phone: (888) KALLPOD

Address: 5225 Wilshire Blvd, Suite 800, Los Angeles, CA 90036

11. CHANGES TO THIS PRIVACY POLICY

We will provide you with notice of changes to the way we process your Personal Information and will obtain your consent as required by applicable law. All changes are effective immediately upon posting a notice of such changes. Your continued access and use of the Services following the posting of changes constitutes your acknowledgment of and consent to such changes. You can see when this Privacy Policy was last updated by checking the "Last Updated" date displayed at the top of this Privacy Policy.