Privacy Policy

We know that in this digital age, your privacy is important. This Privacy Policy reflects our commitment to protecting personal data and the choices we offer you regarding how your data is used. We welcome you to read more about how we keep your information safe, as well as how you can exercise your rights. In addition, our Privacy policy covers our treatment of data that may be personal to you.

  • ‍We will review, update, and amend these policies from time to time, consistent with our business needs and technology. We encourage you to check back periodically for new updates or changes. Your continued use of the service makes up for your acceptance of any change to this Privacy Policy. We are the data controller of your information. We handle and process all data on behalf of our customers
  • You may likewise decide not to give us “discretionary” Personal Data; however, please remember that without it, we will most likely be unable to provide you with the full scope of our administrations or with the best client experience when utilizing our Services.
  • This Privacy Policy (“Privacy Policy”)describes how Now Open App, Inc. will gather, use, and maintain your Personal Information on the app and com. It will also explain your legal rights with respect to that information.
  • By using the Now Open App website or services, you confirm that you have read and understood this Privacy Policy and our Terms (together referred to herein as the “Agreement”). The Agreement governs the use of the application. Now Open App will collect, use, and maintain information consistent with the Agreement.

We recommend that you read this Policy in full to ensure you are fully informed. However, if you only want to access a particular section of this Policy, then you can click on the relevant link below to jump to that section.

Privacy Policy.

What private data do we collect from the people who visit our application?.

  1. a) Contact Information:
  2. b) Profile data (master data):
  3. c) Device information and access data:
  4. d) Order information:
  5. e) Communication data.
  6. f) Payment information:

Data About Your Accounts on Other Services:

       Social Networking Data:

       Mobile Device Data:

Automatically collected information about your use of our Services or tools.

The information we collect includes:

Do Not Track.

How do we use your details?

Behavioral Advertising.

When we share personal information.

Do we use ‘cookies?

How we use cookies.

First-party cookies.

Third-party cookies.

What are your choices regarding cookies?

Google Analytics Cookies.

Notice to California Residents.

Your CCPA Rights.

  1. a) The Right to Request Deletion of Your Personal Information.
  2. b) The Right to “Opt Out” of the Sale of Your Personal Information.
  3. c) The Right to Not Be Penalized for Exercising Your Rights.
  4. d) How to Exercise My CCPA Rights.

Opting Out of the Sale of Your Personal Information.

Coppa (children online privacy protection action).

Your Legal Rights.

You may have the following rights: –

  1. Request access.
  2. Request correction.
  3. Request deletion.
  4. Object to processing.
  5. Request restriction.
  6. Request the transfer.
  7. Withdraw consent.

How do we protect your details?

Can-spam act.

We accumulate your email to be able to:

Limitation of liability.

Governing Law and Jurisdiction.

Changes to this privacy notice.

Contacting us.

 

What private data do we collect from the people who visit our application?

In the following description of our processing activities, we refer in each case to categories of personal data. A category includes several personal data, which are usually processed together for purposes.

Personal data is information that can identify you or even make you identifiable.

We generally process the following categories of personal data for the following reasons:

a)    Contact Information:

Name, address, telephone number, email address, and your ID from any social media (if applicable).

Reason:

If you contact us, we collect this data because we need to know whom we are talking to and what we have been talking about so that we can help you with your reason for contacting us. This also applies if you leave comments on social media on our fan pages. We do not combine this data with your profile data on our platform, but we can still identify you by your social media ID.

Linked systems, such as our Rider app, and to display your address to our riders or riders of restaurants.

b)   Profile data (master data):

Name, email address, password, telephone number, mailing address, interests, demographic data (age)

Reason:

This data is your master data, which we absolutely need for our services. Without an email address/telephone number and a password, you cannot create a profile. Together with your name, this is your master data. We need your age to ensure that you are not a minor.

c)    Device information and access data:

Device ID, device identification, operating system and corresponding version, time of access, configuration settings, information on Internet connection (IP address)

Reason:

With each access, this information is stored by us for technical reasons. We also use parts of this information to detect suspicious behavior at an early stage and to avert damage.

d)   Order information:

Order history, selected restaurants, invoices, order ID, comments on orders, information on the payment method, delivery address, successful orders, and canceled orders

Reason:

Each time you place an order, this information will be added to your profile. You can view all this information in your profile at any time. The information should give you an overview of your own interests and previous orders. We will also use the same information to improve our services. In addition, we will anonymize this information when you request deletion or when your profile becomes inactive to continue to use this information in an anonymized form to optimize our services.

e)    Communication data

Name, email address, telephone number, device ID

Reason:

If you would like to receive a newsletter, an SMS, or an in-app push notification from us, we need certain information to send you the messages. Instead of addressing you with “Hey You,” we find it more customer friendly to address you with your name. This category of personal information is also used by us to contact you, for example, if a product cannot be delivered and we want to offer you an alternative instead.

f)    Payment information:

Payment method, through Circle payments

Reason:

We need this information to track your payments and assign them to the orders you have placed.

Data About Your Accounts on Other Services:

  • We may obtain certain information through your social media or other online accounts if they are connected to your Now Open App account. If you login to via Facebook or another third-party platform or service, we ask for your permission to access certain information about that other account. For example, depending on the platform or service, we may collect your name, profile picture, account ID number, login email address, location, the physical location of your access devices, gender, birthday, and list of friends or contacts.
  • Social Networking Data: We may access personal information from social networking sites and apps, including Facebook and Google, which may include your name, your social network username, location, email address, age, gender, profile picture, and any other public information. If you do not want us to access this information, please go to the specific social networking site and change your privacy settings.
  • Mobile Device Data: If you use our website via a mobile device or app, we may collect information about your mobile device, including device ID, model and manufacturer, and location information.
  • Those platforms and services make information available to us through their APIs. The information we receive depends on what information you (via your privacy settings) or the platform or service decide to give us.
  • If you access or use our Services or buy goods through a third-party platform or service, or click on any third-party links, the collection, use, and sharing of your data will also be subject to the privacy policies and other agreements of that third party.

Automatically collected information about your use of our Services or tools,

This information is registered automatically with the visit by the own configuration or manual of each tool on the website.

  • When you visit, connect with, or utilize our service, we may gather, record, or create specific specialized data about you. We do so either autonomously or with the assistance of third gathering Service Providers, including using “cookies” and other following innovations.

 

  • Such data comprises availability, specialized and collected utilization data, for example, IP locations and general areas, gadget data (like sort, working framework, cell phone id, program form, region and language settings, Browser Information, Geographic location, Time of Visit, Referring site, applications or service, search engine utilized), date and time stamps of use, the and pixels introduced or used on the such gadget and the recorded movement (meetings, clicks and further cooperation’s) of Visitors and Users regarding our Service. for purposes including examination, service-, tasks, and business quality control and enhancements, and record-keeping purposes.

This is to improve the website, services, and security, among which we include security inspection by the administration of the website and third parties.

The information we collect includes:

Log and Usage Data. Log and usage data are service-related, diagnostic, usage, and performance information our servers automatically collect when you access or use our Website and which we record in log files. Depending on how you interact with us, this log data may include your IP address, device information, browser type and settings, and information about your activity on the Website (such as the date/time stamps associated with your usage, pages, and files viewed, searches and other actions you take such as which features you use), device event information (such as system activity, error reports (sometimes called ‘crash dumps’) and hardware settings).

Device Data. We collect device data such as information about your computer, phone, tablet, or other devices you use to access the Website. Depending on the device used, this device data may include information such as your IP address (or proxy server), device and application identification numbers, location, browser type, hardware model, Internet service provider and/or mobile carrier, operating system, and system configuration information.

Do Not Track

Currently, various browsers — such as Internet Explorer, Firefox, and Safari — offer a “do not track” or “DNT” option that relies on a technology known as a DNT header, which sends a signal to Web sites visited by the user about the user’s browser DNT preference setting. Now Open App does not currently commit to responding to browsers’ DNT signals with respect to the Company’s Web sites, in part because no common industry standard for DNT has been adopted by industry groups, technology companies, or regulators, including no consistent standard of interpreting user intent. Now Open App takes privacy and meaningful choice seriously and will make efforts to continue to monitor developments around DNT browser technology and the implementation of a standard.

How do we use your details?

We may utilize the data we procure from you when you enlist, make a buy, join our bulletin, respond to an examination or promoting correspondence, peruse the site, or utilize specific other site includes in the following ways:

  • Create your account; and
  • Correspond with you; and
  • Compile anonymous statistical data for our own use or for a third party’s use; and
  • Assist law enforcement as necessary; and
  • Prevent fraudulent activity on our website or mobile app; and
  • Analyze trends to improve our website and offerings.
  • To fulfill or meet the reason you provided the information (e.g., to help provide our Site services to you).
  • To personalize and develop our site and the services we provide you and improve our offerings.
  • To provide certain features or functionality of the services on the site.
  • For marketing and promotions.
  • To create, maintain, customize, and secure your account with us.
  • To provide you with support, to communicate with you, and respond to your inquiries, including investigating and addressing your concerns and monitoring and improving our responses.
  • To personalize your experience and deliver content and product, and services relevant to your interests.
  • To help maintain the safety, security, and integrity of our site, services, databases, and other technology assets and business.
  • For testing, research, analysis, and product development, including to develop and improve our site and services.
  • To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
  • To prevent illegal activity, fraud, and abuse.
  • To help our site that will be ready to serve you better.

Behavioral Advertising

As described above, we use your Personal Information to provide you with targeted advertisements or marketing communications we believe may be of interest to you. For example:

  • We use Google Analytics to help us understand how our customers use the site.

You can opt-out of targeted advertising by:

When we share personal information

Once your personal information is collected, as detailed above, we may share it with third parties for various reasons, among them email delivery, restaurants, analytics, payment processing, and content streaming. These services may collect browsing data that includes IP addresses, referring pages, and users’ movements as they navigate the Website. Other third parties help us with our marketing efforts, including sending and analyzing our marketing efforts by measuring whether recipients have opened an email and clicked on any content within it.

When we share your personal information with a third party, we require that third party to protect the information consistent with this Statement and limit its use of the information to performing the services they provide to us. For example, when we share personal information with payment processors or presenters of web seminars, its use is limited to providing that service.

Do we use ‘cookies?

Yes. Cookies are small documents a site or its provider exchanges to your computer’s hard drive through your browser (if you allow) that permit the site’s or service provider’s systems to identify your internet browser and capture, and please remember, certain information. For example, we use cookies to help us keep in mind and process the things in your shopping cart software. Also, they are used to help us understand your requirements based on prior or current site activity, which permits us to offer you improved services. We also use cookies to help us put together aggregate data about site traffic and site conversation so that people may offer better site experience and tools in the foreseeable future.

How we use cookies

We use cookies and similar technologies for several purposes, depending on the context or service, including: 

  • Recognize you if you sign in to use our offerings. This allows us to provide you with recommendations, display personalized content, and provide other customized features and services.
  • Keep track of your specified preferences. This allows us to honor your likes and dislikes, such as your language and configuration preferences.
  • Detecting and preventing fraudulent activity and improving security.
  • Conducting research and diagnostics to improve our offerings.
  • Reporting allows us to measure and analyze the performance of our offerings.

First-party cookies

  1. Strictly Necessary cookies:These cookies are necessary for the website to function and cannot be switched off in our systems. They are often set in response to actions made by you, which amount to a request for services, such as setting your privacy preferences, logging in, or filling in forms.
  2. Functional cookies:These cookies enable the website to provide enhanced functionality and personalization. They may be set by third party providers whose services we have added to our pages or by us.
  3. Performance cookies:These cookies allow us to count visits and traffic sources so we can measure and improve the performance of our site. They help us to know which pages are the most and least popular and see how visitors move around the site.
  4. Targeting cookies:These cookies may be set through our site and may be used to build a profile of your interests and show you relevant adverts on other sites.

Third-party cookies

In addition to our own cookies, we may also use various third-party cookies to report usage statistics of the Service, deliver advertisements on and through the Service, and so on. These cookies may be set through our site by our advertising partners. They may be used by those companies to build a profile of your interests and show you relevant adverts on other sites.

What are your choices regarding cookies?

Cookie Preferences on Now Open App website: Our cookies allow you to take advantage of some essential and useful features. Blocking some types of cookies may impact your experience of our sites. You can change your cookie preferences at any time by clicking ‘Cookie Preferences in the footer of the Now Open App website.

Browser settings: You can also manage browser cookies through your browser settings. The ‘Help’ feature on most browsers will tell you how to remove cookies from your device, prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, how to disable cookies, and when cookies will expire. Check the support site for your browser to understand the privacy settings available to you. If you block or reject some of our cookies through your browser’s settings, you might not be able to use certain offerings that require you to sign in to an account, and some features and services may not work. You might also have to manually adjust your preferences or settings every time you visit our website.

Google Analytics Cookies

We use Google Analytics to investigate the utilization of our site by users and visitors. Google Analytics assembles data about site use through cookies. The data assembled identifying our site is utilized to make reports about the utilization of our site.

Name of cookie

Expiry period

Purpose

Company

_ga

Persistent – 2 years

Analytics

Google Analytics, Google LLC

_ga_JMDY11H0YJ

Persistent – 2 years

Analytics

Google Analytics, Google LLC

_gat

Persistent – 2 years

Analytics

Google Analytics, Google LLC

_gid

Persistent – 1 day

Analytics

Google Analytics, Google LLC

_sp_root_domain_test_* (x 1535)

Session cookie

Analytics

 nowopenapp.com

gaVisitorTypeLong

Persistent – 2 years

Analytics

Google Analytics, Google LLC

gaVisitorTypeShort

Persistent – 30 minutes

Analytics

Google Analytics, Google LLC

Notice to California Residents

If you are a resident of California, then the collection, processing, and use of your personal information may be subject to the California Consumer Privacy Act (“CCPA”) as well as other applicable California state privacy laws.

As a company that does business in California and collects the personal information of some California residents, we are required to inform you of the consumer rights afforded to you under the CCPA and to enable you to exercise those rights with regard to any personal information that we may have collected about you.

Your CCPA Rights

The Right to Know How Your Personal Information is Used

As a California resident, the CCPA affords you the right to request information about the collection, use, and disclosure of your personal information over the previous 12 months, including:

  • The categories and specific pieces of personal information about you that have been collected.
  • The purposes for which your personal information has been collected, used, or sold (where applicable).
  • The categories of third parties with whom your personal information has been disclosed.
  • The categories of personal information about you that have been disclosed for a business purpose; and where applicable:
  • The categories of personal information about you sold to third parties; the categories of third parties to whom your personal information was sold; and the categories of personal information about you for each third party to whom your personal information was sold.

a)    The Right to Request Deletion of Your Personal Information

You are also afforded the right to request the deletion of any personal information that has been collected about you over the prior 12 months, subject to certain exceptions. Please refer to the “Requesting Deletion of Your Personal Information” section for more information.

b)   The Right to “Opt Out” of the Sale of Your Personal Information

Under the CCPA, you may also request that your personal information not be sold to any third parties. Businesses who sell the personal information of California residents are required to respect “opt-out” requests for a period of at least 12 months before requesting your authorization to resume selling your personal information.

c)    The Right to Not Be Penalized for Exercising Your Rights

Lastly, businesses required to comply with the CCPA are prohibited from charging you a fee, requiring you to pay higher prices or rates for services, providing you a lower level of service, or terminating your services altogether for exercising your rights under the CCPA; understanding, however, that some personal information may need to be retained to continue to deliver those services to you.

d)   How to Exercise My CCPA Rights

To request details regarding any information about you that we may have collected over the last 12 months and/or to request the deletion of any such information, please contact us directly using the information and methods provided in the “How to Contact Us” section of this Privacy Policy.

Please note that the CCPA does not obligate us to provide the requested information to the same consumer more than twice in a 12-month period.

Opting Out of the Sale of Your Personal Information

We have undertaken extensive steps to identify whether any of our data-sharing arrangements would constitute the “sale” of personal information under the CCPA. We continue to maintain that we do not sell, trade, rent, or otherwise disclose personal information to a third party for “monetary or other valuable consideration” and, therefore, are not required to provide you the ability to “opt-out” of the sale of your information since we do not engage in such activities.

Coppa (children online privacy protection action)

With regards to the assortment of private information from children under the age of 13 years, the Children’s Online Privacy Protection Act (COPPA) puts parents in charge. The Federal Trade Commission, United States consumer safety firm, enforces the COPPA Guideline, which spells out what providers of websites and online services should do to safeguard children’s privatizes and security online. For more details, Click Here or the below link

https://www.ftc.gov/enforcement/rules/rulemaking-regulatory-reform-proceedings/childrens-online-privacy-protection-rule

Your Legal Rights

Under certain circumstances, you have rights under data protection laws in relation to your personal data.

You may have the following rights: –

  1. Request access to your personal data (commonly known as a “data subject access request”). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
  2. Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
  3. Request deletion of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us to continue to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons, which will be notified to you, if applicable, at the time of your request.
  4. Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party), and there is something about your situation which makes you want to object to processing on this ground as you feel it impacts your fundamental rights and freedoms. You also have the right to object to where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
  5. Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios:
    1. If you want us to establish the data’s accuracy.
    2. Where our use of the data is unlawful, but you do not want us to erase it.
    3. Where you need us to hold the data even if we no longer require it as you need it to establish, exercise, or defend legal claims.
    4. You have objected to our use of your data, but we need to verify whether we have overriding legitimate grounds to use it.
  6. Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
  7. Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain services to you.

How do we protect your details?

  • We have implemented industry-accepted administrative, physical, and technology-based security measures to protect against the loss, misuse, unauthorized access, and alteration of personal information in our systems. We ensure that any employee, contractor, corporation, organization, or vendor who has access to personal information in our systems is subject to legal and professional obligations to safeguard that personal information.
  • We do not use vulnerability scanning and/or scanning to PCI specifications.
  • We use regular Malware Scanning.
  • We implement several security measures whenever a user gets into, submits, or accesses their information to keep up the protection of your individual information.
  • While we strive to use commercially acceptable means to protect your personal information, no method of transmission over the Internet or form of electronic storage is 100 percent secure. Therefore, we cannot guarantee its absolute security.
  • Now Open App prohibits unauthorized access or use of personal information stored on our servers. Such access is a violation of law, and we will fully investigate and press charges against any party that has illegally accessed the information within our systems.

Can-spam act

The CAN-SPAM Act is a regulation that sets the guidelines for commercial email, establishes requirements for commercial announcements, offers recipients to have emails ceased from being delivered to them, and spells out hard fines for violations.

We accumulate your email to be able to:

  • Send information, react to questions, and/or other demands or questions
  • To maintain compliance with CANSPAM, we consent to the next:
  • Not use untrue or misleading subject matter or email addresses.
  • Identify the concept as an advertisement in some realistic way.
  • Include the physical address of our site headquarters or business
  • Screen third-party email marketing services for conformity, if one can be used.
  • Honor opt-out/unsubscribe demands quickly.
  • Allow users to unsubscribe utilizing the link at the bottom of every email.

If anytime you want to unsubscribe from receiving future emails, you can email us by using the contact form at our website nowopenapp.com, and we’ll immediately remove you from ALL communication.

Limitation of liability

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above limitations may not apply to you.

We make no legal representation that the website or services are appropriate or available for use in locations outside the United States. You may access the website from outside the United States. At your own risk and initiative and must bear all responsibility for compliance with any applicable foreign laws.

Governing Law and Jurisdiction

This website originates from the United States. The laws of the United States. Without regard to its conflict of law, principles will govern these terms to the contrary. You hereby agree that all disputes arising out of or in connection with these terms shall be submitted to the exclusive jurisdiction of the United States. By using this website, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding, or claim arising under or by reason of these terms. You hereby waive any right to trial by jury arising out of these terms.

Changes to this privacy notice

We reserve the right to alter this privacy notice at any time. Such alterations will be posted on our website. You can also obtain an up-to-date copy of our privacy notice by contacting us.

Contacting us

If you would like to contact us to understand more about this Policy or wish to contact us concerning any matter relating to individual rights and your Personal Information, you may do so via the contact us or email us at info@nowopenapp.com.  

This document was last updated on August 22, 2022