Legal

USER AGREEMENT

 

Please read this User Agreement (collectively with The Food App, Inc.'s Privacy Policy at www.thefoodapp.co.nz/about/privacy and Copyright Policy atwww.thefoodapp.co.nz /about/copyright , the "User Agreement") fully and carefully before using www.The Food App.co.nz as well as the The Food App mobile website and its mobile applications (the "Site") and the services, features, content or applications offered by The Food App. ("we", "us" or "our") (together with the Site, the "Services"). This User Agreement set forth the legally binding terms and conditions for your use of the Site and the Services..

 

THE FOOD APP SERVICE USER AGREEMENT

ACCEPTANCE OF USER AGREEMENT

  1. By registering for and/or using the Services in any manner, including but not limited to visiting or browsing the Site, you agree to this User Agreement and all other operating rules, policies and procedures that may be published from time to time on the Site by us, each of which is incorporated by reference and each of which may be updated from time to time without notice to you.

  2. Certain of the Services may be subject to additional terms and conditions specified by us from time to time; your use of such Services is subject to those additional terms and conditions, which are incorporated into this User Agreement by this reference.

  3. This User Agreement applies to all users of the Services, including, without limitation, users who are contributors of content, information, and other materials or services, registered or otherwise.

  4. ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW OR WHERE PROHIBITED BY APPLICABLE LAW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

 

ELIGIBILITY

If you are below the age of consent under applicable law in the country in which you reside, then your parent or legal guardian must read and accept the terms and conditions of this User Agreement in your name and on your behalf.

You represent and warrant that you are at least 13 years of age. If you are under age 13, you may not, under any circumstances or for any reason, use the Services. This site is not targeted to nor meant for anyone who has not reached 13 years of age. If you become aware of anyone using the The Food App services who is under the age of 13, please report this to: support@The Food App.co.nz.  We will not knowingly collect information from anyone under the age of 11.

We may, in our sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time.

You are solely responsible for ensuring that your use of the Services is in compliance with all laws, rules and regulations applicable to you. If the applicable law in the country in which you reside equires that you must be older than 13 to receive certain The Food App services, then the minimum age is the legally defined one. If you are a minor, you may wish to consult your parents about what portions of the site are appropriate for you. The right to access the Services is revoked where this User Agreement or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation.

Further, the Services are offered only for your use, and not for the use or benefit of any third party.

 

REGISTRATION

You may register for an account on the Services (an "Account") or log in using your Facebook login information. To use certain portions of the Services, you are not required to sign up for an Account. However, certain features of the Service, such as posting to community pages on the Site, require you to register for an Account. You must provide accurate and complete information and keep your Account information updated. You shall not: (i) select or use as a username a name of another person with the intent to impersonate that person; (ii) use as a username a name subject to any rights of a person other than you without appropriate authorization; or (iii) use, as a username, a name that is otherwise offensive, vulgar or obscene. You are solely responsible for the activity that occurs on your Account, and for keeping your Account password secure. You may never use another person's user account or registration information for the Services without permission. You must notify us immediately of any change in your eligibility to use the Services (including any changes to or revocation of any licenses from state authorities), breach of security or unauthorized use of your Account. You should never publish, distribute or post login information for your Account. You shall have the ability to delete your Account, either directly or through a request made to one of our employees or affiliates.

By using the Services through Facebook, you permit us to access certain information from your Facebook profile for use by the Services. You may control the amount of information that is accessible to us by adjusting your Facebook account privacy settings. By using the Services, you are authorizing us to collect, store, retain, and use, in accordance with our Privacy Policy at www.The Food App.com/about/privacy, any and all information that you permitted Facebook to provide to us.

 

CONTENT

Definition. For purposes of this User Agreement, the term "Content" includes, without limitation, information, data, text, photographs, videos, audio clips, written posts, articles, comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services. For the purposes of this Agreement, "Content" also includes all User Content (as defined below).

User Content. All Content added, created, uploaded, submitted, distributed, or posted to the Services by users (collectively "User Content"), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. You acknowledge that all Content, including User Content, accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not guarantee that any Content you access on or through the Services is or will continue to be accurate.

Intellectual Property Rights.  The Services may contain Content specifically provided by us, our partners or our users and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Services. The trademarks, logos, trade names and service marks, whether registered or unregistered (collectively the “Trademarks”) displayed on the Site are Trademarks of The Food App and its third party partners. Nothing contained on the The Food App Site shall be construed as granting by implication or otherwise, any license or right to use any Trademark displayed on the The Food App Site without the written permission of The Food App or such third party that may own the Trademark.

Any unauthorized commercial use of the Content, including Trademarks, will violate the intellectual property rights of The Food App and/or third parties associated with The Food App and will be subject to The Food App’s and/or those third party’s full legal rights and remedies.

Use License. Subject to this User Agreement, we grant each user of the Services a worldwide, non-exclusive, revocable, non-sublicensable and non-transferable license to view, print, download, and display locally Content, to the extent we hold such rights, solely for purposes of using the Services. Use, reproduction, modification, distribution or storage of any Content for other than purposes of using the Services is expressly prohibited without prior written permission from us. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right.

License Grant. By submitting User Content through the Services, you hereby do and shall grant us a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sublicensable and transferable license to use, edit, modify, truncate, aggregate, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Content in connection with the Site, the Services and our (and our successors' and assigns') businesses, including without limitation for promoting and redistributing part or all of the Site or the Services (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds), and including after your termination of your Account or the Services. For the sake of clarity, the foregoing license grant includes our right to distribute, display, perform and otherwise use the User Content in connection with material provided by our sponsors, and you shall not be entitled to any remuneration for such use. To the extent any User Content you submit includes your name, likeness, voice, or photograph, you acknowledge and agree that this license shall apply to the same. You also hereby do and shall grant each user of the Site and/or the Services a non-exclusive, perpetual license to access your User Content through the Site and/or the Services, including after your termination of your Account or the Services. For clarity, the foregoing license grants to us and our users do not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to your User Content, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.

Except where prohibited by applicable law, by submitting User Content through the Services, you are waiving and agreeing not to assert any copyrights or “moral” rights or claim resulting from our alteration of the User Content or any photograph(s), footage, illustrations, statements or other work contained in the User Content. You are also agreeing to appoint The Food App as your irrevocable attorney-in-fact with respect to the User Content, with the right to execute and deliver any documents, in your name and on your behalf, to ensure that The Food App can use the User Content that you are licensing in any way The Food App sees fit to own and protect the rights in any derivative works created from your User Content, and to have the User Content removed from any other website or forum.

Unless prohibited by applicable law, upon request from The Food App, you shall execute and deliver such additional instrument of license, as it may be solely deemed by The Food App, reasonably necessary to establish The Food App’s ability to use the User Content as it sees fit and that “Moral Rights of Authors” are waived under this User Agreement. Should The Food App fail to request the said license instrument as stated, that shall not be deemed a waiver of The Food App’s rights and The Food App may at a later time request the instrument.

Unless otherwise agreed upon in writing by you and The Food App, you may not use any third party platforms, other than your own website or your own social media pages, to link to or distribute the Content.

Availability of Content. We do not guarantee that any Content will be made available on the Site or through the Services. We reserve the right to, but do not have any obligation to, (i) remove, edit, modify or otherwise manipulate any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated this User Agreement), or for no reason at all and (ii) to remove or block any Content from the Services.

Third Party Affiliates. We participate in affiliate marketing and may allow affiliate links to be encoded on some of our pages. This means that we may earn a commission if/when you click on or make purchases via affiliate links.

RULES OF CONDUCT

As a condition of use, you promise not to use the Services for any purpose that is prohibited by these Terms of Use. You are responsible for all of your activity in connection with the Services.You shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any Content on or through the Service, including without limitation any User Content, that:

  1. Infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty (see our DMCA Copyright Policy www.The Food App.com/about/dmca);

  2. You know is false, misleading, untruthful or inaccurate;

  3. Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by us in our sole discretion;

  4. Constitutes unauthorized or unsolicited advertising, junk or bulk e-mail ("spamming");

  5. contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of ours or of any third party;

  6. Impersonates any person or entity, including any of our employees or representatives; or

  7. Includes anyone's identification documents or sensitive financial information.

You shall not: (i) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers') infrastructure; (ii) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; (iii) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services); (iv) run any form of auto-responder or "spam" on the Services; (v) use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Site; (vi) harvest or scrape any Content from the Services; or (vii) otherwise take any action in violation of our guidelines and policies.

You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services (including without limitation any application), except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Services, or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.

We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce this User Agreement, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of us, our users and the public.

Third Party Services.The Services may permit you to link to other websites, services or resources on the Internet, including but not limited to our sponsors and Facebook, and other websites, services or resources may contain links to the Services. When you access third party resources on the Internet, you do so at your own risk. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. If you believe that any linked content on other websites, services or resources violates applicable law or may be inappropriate, please notify Us. We will review the linked content and may, in our sole discretion, remove the link from the Services. The inclusion of any such link does not imply any association between us and their operators. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource.

 

Termination. We may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership. If you wish to terminate your Account, you may do so by following the instructions on the Site or through the Services. All provisions of this User Agreement which by their nature should survive termination shall survive termination, including, without limitation, licenses of User Content, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

 

WARRANTY DISCLAIMER

We have no special relationship with or fiduciary duty to you. You acknowledge that We have no duty to take any action regarding:

  1. which users gain access to the Services;

  2. what Content you access via the Services; or

  3. how you may interpret or use the Content.

You release us from all liability for you having acquired or not acquired Content through the Services. We make no representations concerning any Content contained in or accessed through the Services. Except where such disclaimer of liability is prohibited by applicable law, we will not be responsible or liable for the accuracy, copyright compliance, or legality of material or Content contained in or accessed through the Services.

THE SERVICES AND CONTENT ARE PROVIDED "AS IS", "AS AVAILABLE" AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE, AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Indemnification. You shall defend, indemnify, and hold harmless us, our affiliates and each of our and their respective employees, agents, contractors, officers, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys' fees, that arise from or relate to your use or misuse of, or access to, the Services, Content, or otherwise from your User Content, violation of this User Agreement, or infringement by you, or any third party using your Account or identity in the Services, of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses. 

Limitation of Liability. IN NO EVENT SHALL WE NOR OUR AFFILIATES, NOR OUR OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, CONTRACTORS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $500.00. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. 

 

ARBITRATION CLAUSE AND CLASS ACTION WAIVER—IMPORTANT—PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS.

  1. Arbitration.  YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THIS USER AGREEMENT, YOUR USE OF THE SERVICES, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE AMERICAN ARBITRATION ASSOCIATION'S RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. Neither you nor we will participate in a class action or class-wide arbitration for any claims covered by this agreement to arbitrate. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person's account, if we are a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either we or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with this User Agreement.

  2. Severability.If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with us.

Governing Law and Jurisdiction. This User Agreement shall be governed by and construed in accordance with the laws of the State of New York, including its conflicts of law rules, and the United States of America. Without waiving the foregoing arbitration clause, you agree that any dispute arising from or relating to the subject matter of this User Agreement shall be governed by the exclusive jurisdiction and venue of the state and Federal courts of New York County, New York, except where the jurisdiction and venue are mandated by applicable law. 

Modification. We reserve the right, in our sole discretion, to modify or replace any part of this User Agreement, or change, suspend, or discontinue the Services (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Site or by sending you notice through the Services, via e-mail or by another appropriate means of electronic communication. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. While we will timely provide notice of modifications, it is also your responsibility to check this User Agreement periodically for changes. Your continued use of the Services following notification of any changes to this User Agreement constitutes acceptance of those changes. 

 

MISCELLANEOUS

Entire Agreement and Severability.This User Agreement is the entire agreement between you and us with respect to the Services, including use of the Site, and supersedes all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to the Services. If any provision of this User Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this User Agreement will otherwise remain in full force and effect and enforceable. 

Import and Export Jurisdiction. Content and software from the The Food App Site may be subject to U.S. export jurisdiction and the import jurisdiction of other countries. In connection with your use of this Site, you are solely responsible for complying with all applicable export, re-export, and import control laws and regulations of all applicable jurisdictions, including, but not limited to, those of the U.S. Department of Commerce, Export Administration Regulations, 15 CFR Parts 730-774, the International Traffic in Arms Regulations, country-specific economic sanctions programs implemented by the Office of Foreign Assets Control and export and import control laws and regulations of any other countries. You may not, directly or indirectly, use, distribute, transfer or transmit content or software from this Site, whether by way of a direct product or of such materials or products, software, or other technical information into which content or software from this Site has been incorporated, except in compliance with all applicable export and import laws and regulations of all relevant jurisdictions.

Force Majeure. We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.

Assignment. This User Agreement is personal to you, and is not assignable, transferable or sublicensable by you except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without consent.

Agency. No agency, partnership, joint venture, or employment relationship is created as a result of this User Agreement and neither party has any authority of any kind to bind the other in any respect.

Notices. Unless otherwise specified in this User Agreement, all notices under this User Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Electronic notices should be sent to info@The Food App.com.

No Waiver. Our failure to enforce any part of this User Agreement shall not constitute a waiver of our right to later enforce that or any other part of this User Agreement. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with this User Agreement to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.

Headings. The section and paragraph headings in this User Agreement are for convenience only and shall not affect their interpretation.

Contact and Company details. The Food App is a brand of Fresh Easy Ltd. Fresh Easy Ltd is an incorporated company with its headquarters at 1349 Bulls Road, Kerikeri, 0293, Bay Of Islands, New Zealand. You may contact us at this address:, or at the following email address: support@The Food App.co.nz.

Effective Date of User Agreement: 31-05-2019

 

 

PRIVACY POLICY

 

Welcome to The Food App’s privacy notice and cookie policy. You can find information about what we do with your personal data here.

 

  1. Who we are

    The Food App is the data controller of your personal data. When we mention The Food App, we, us or our in this privacy notice, we mean The Food App, and therefore, Fresh Easy Ltd, the company that owns The Food App brand and is therefore responsible for processing your data.

  2. About this privacy notice

    This privacy notice tells you how The Food App collects and processes information that may identify you (personal data) when you use our sites and apps, sign in as a user, buy products or services, or interact with us in other ways. We may show you other privacy notices when we collect or share your personal data and this privacy notice is in addition to those.

  3. Changes to this privacy notice

    Our privacy notice was last updated on 31 May 2019. We’re likely to update in future and we’ll let you know about any significant changes. Please come back and check from time to time. If you have questions about this privacy notice you can get in touch with us by emailing support@fresheasy.co.nz

  4. Personal data we collect

    We may collect the following information about you:

    4.1 Information that directly identifies you. This may include your name, address, email address, username and password.

    4.2 Information that indirectly identifies you. We automatically receive and record information from your device or web browser when you interact with our sites and apps, for example your internet protocol (IP) address, mobile device ID, time zone setting, location data, language preference, operating system, platform, and links you have clicked on or shared with others, including through email and social media. We may also create a user ID that may similarly indirectly identify you. We may use this information to collect data about your activities on our sites and apps and on third-party sites, apps and platforms, such as Facebook. We may associate information that indirectly identifies you with your user account (if you have one) and other information we have collected about you.

    4.3 Location data. We may collect geo-data, which tells us where you are, when we collect other information about you. We may also collect the language option or country you choose. We may link location data to other information we have collected about you.

    4.4 Profile data. This may include your username and password and other information you give us (if you are a registered user), information you give us in connection with purchases or orders made by you, your interests, preferences, feedback and survey responses. Profile data you enter in your account profile (if you are a registered user), including your username may be shown to other users to facilitate user interaction on our sites and apps. We do not disclose email addresses to other users.

    4.5 Marketing and communications data. This may include information about your subscriptions to newsletters and your marketing preferences.

    4.6 Transaction and financial data. We may collect or receive transactional and financial information relating to you when you buy something through our sites and apps (for example payment details) or because you have bought something from a third party after clicking on an affiliate link in our content.

    4.7 Special category data. When we conduct research or carry out surveys we may collect sensitive personal data about you, for example information about your racial or ethnic origin, political opinions, religious or philosophical beliefs, sex life or sexual orientation. We will not use or share this information without your explicit consent.

  5. Aggregated data

    5.1 We aggregate personal data we collect, such as the number and frequency of your visits to our sites and apps, to produce metrics and statistical information. We may share this data with third parties.

    5.2 We share aggregated, anonymized, information with our ad partners and service providers so that we, and they, can understand how people use our sites and apps; this helps us grow our business and improve and develop our products and services. These third parties may share with us information about you that they have independently developed or acquired.

    5.3 We combine information about you with information about other users to create audience segments of aggregated data, for example, statistical, demographic and usage data. If we combine or connect aggregated data with personal data we treat the combined data as personal data and deal with it in accordance with this privacy notice.

  6. How we collect personal data

    6.1 You may give us your personal data directly, for example when you create a user account, fund us by donation, or support us by paying for a subscription, buy products or services, subscribe to our newsletters, opt in to marketing, publish posts or comments, enter a competition, participate in a promotion or survey, ask for user support, or contact us for any reason.

    6.2 We automatically collect personal data when you interact with our sites and apps. We collect information about your devices and browsing actions and interests by using cookies and similar technologies. Section 14 (cookie policy) provides more details.

    6.3 Third parties who provide advertising and related services may give us your personal data, these including analytics providers and ad networks.

    6.4. We may receive your personal data from third parties when you buy things through our sites and apps or when you buy things from a third party after clicking on an affiliate link in our content. This information may include your contact details and financial and transaction data from providers of technical, payment and delivery services.

    6.5 If you access our sites and apps using your Facebook credentials, we will automatically collect certain information, such as your name, picture, and email address. We will use all information available through Facebook, including the user ID Facebook attributes to you, in accordance with Facebook's policies and your preferences selected through Facebook.

  7. What we use your personal data for and the legal bases we rely on

    We will use your personal data only for the purposes for which we collect it, unless we reasonably consider that we need to use it for another reason that is compatible with the original purpose. If we need to use your personal data for another purpose we will explain the legal basis we rely on.

    We do not always need your consent to process your personal data. The table below shows what we use your personal data for and the lawful basis for processing it in each case.

     

    Purpose

    Type of data

    Lawful basis

    Recognize you and analyze how you, and other users, navigate our sites and apps and what you’re interested in. We do this by using cookies or similar technology as explained in section 14 (cookie policy).

    Data that indirectly identifies you such as your IP address, mobile device ID and location data.

    Legitimate interest.

    Communicate legal information to you.

    Data that indirectly identifies you (such as your IP address or mobile device ID and location data) and data that directly identifies you (such as your name, username, and email address and information you include in your user profile).

    Legitimate interest.

    Analyze comments and feedback you have given us including comments, feedback and reviews you have posted on our sites and apps.

    Data that directly identifies you (such as your name, username, and email address) and data that indirectly identifies you (such as your IP address or mobile device ID and location data).

    Legitimate interest.

    Provide you with communications and services you’ve signed up, for such as our newsletters.

    Data that directly identifies you such as your name, username, email address and location data.

    Consent.

    Register you as a user of our sites and apps and other products and services and administer your account.

    Data that directly identifies you (such as your name, username, and email address and other information included in your user profile).

    Creation or performance of a contract.

    Publish content on our sites and apps including articles, feedback, reviews and user comments about our posts.

    Data that indirectly identifies you (such as your IP address or mobile device ID and location data) and data that directly identifies you (such as your name, username, and email address and information included in your user profile).

    Creation or performance of a contract.

    Fulfill orders for subscriptions or products or services placed through our sites or apps.

    Data that directly identifies you including your name and address, email address, other contact details, financial and transactional data.

    Creation or performance of a contract.

    Collect money you owe us.

    Data that directly identifies you including your name and address, email address, other contact details and financial and transactional data.

    Legitimate interest.

    Verify or obtain payments due to us when you buy something from a third party after clicking on an “affiliate” link in our content, measure the performance of affiliate links, analyze and develop this part of our business.

    Data that indirectly identifies you (such as your IP address or mobile device ID) or data that directly identifies you (such as your name, username, email address and location data).

    Legitimate interest.

    Communicate our terms, notify you about changes to them and communicate with you about non-compliance.

    Data that indirectly identifies you (such as your IP address or mobile device ID and location data) or data that directly identifies you (such as your name, username and email address).

    Creation or performance of a contract.

    Communicate our privacy notices and notify you of changes to them

    Data that indirectly identifies you (such as your IP address or mobile device ID and location data) or data that directly identifies you (such as your name, username, and email address).

    Compliance with a legal obligation.

    Ask you to take part in a survey or other research about our sites and apps and other products and services.

    Data that indirectly identifies you (such as your IP address, mobile device ID and location data) or data that directly identifies you (such as your name, username, and email address).

    Legitimate interest.

    Conduct surveys or undertake research so that we can improve and develop our business, our sites and apps and our products and services.

    Data that directly identifies you (such as your name, username, name, email address and location data)

    Consent.

    Allow you to take part in a prize draw, sweepstake, or other competition or other promotional activity.

    Data that directly identifies you such as your name, username, and email address.

    Creation or performance of a contract.

    Administration and protection of our business including troubleshooting, data analysis, testing, system maintenance, user support, reporting and hosting data, administration and IT services, network security, fraud prevention, customer services and business reorganisation, including exchanging information with third parties for fraud protection and spam/malware prevention.

    Data that indirectly identifies you (such as your IP address or mobile device ID and location data) and data that directly identifies you (such as your name, username, and email address).

    Legitimate interest.

    administration and IT services, network security, fraud prevention, customer services and business reorganisation, including exchanging information with third parties for fraud protection and spam/malware prevention.

    data that directly identifies you (such as your name, username, and email address).

    Serve content and ads and analyze their performance and effectiveness.

    Data that indirectly identifies you such as your IP address or mobile device ID and location data.

    Legitimate interest.

    Use of data analytics to improve and develop our products and services and inform our marketing strategy.

    Data that indirectly identifies you such as your IP address or mobile device ID and location data.

    Legitimate interest.

    Send marketing communications to you if you subscribe to our newsletters or other products and services. We explain how we comply with the law and how you can manage your preferences in section 8(marketing).

    Data that directly identifies you such as your name and email address.

    Consent.

    Communicate with you about our services, and content, including published content, content you submit for publication, and content posted by you (including your comments on content, feedback and reviews).

    Data that directly identifies you such as your name and email address.

    Legitimate interests

    Comply with applicable laws, regulations and legal and regulatory processes.

    Data that indirectly identifies you (such as your IP address or mobile device ID and location data) and/or data that directly identifies you (such as your name, username, and email address).

    Compliance with a legal obligation.

     

  8. Sharing personal data

    We may use your personal data to help us decide which products, services and offers may be of interest to you. We will send marketing messages to you if you have asked us to send you information, bought goods or services from us, or if you provided us with your details when you entered a competition or registered for a promotion. If you opt out of receiving marketing messages we will not send them to you. We will ask for your consent before we share your personal data with any third party.

    You may unsubscribe from marketing messages through a link we include on messages we send you. You can also ask us to stop sending you marketing messages at any time by contacting us at: support@fresheasy.co.nz

  9. Marketing

    9.1 We share your personal data with third parties who process your data on our behalf when they provide services to us, for example data analytics, ad networks, research, marketing and financial services.

    9.2 We may share your personal data with third parties who use it for their own purposes if you have provided consent.

    9.3 You share your personal data with third parties when you publish content including articles, comments and reviews on our sites and apps.

    9.4 If we sell, transfer, or merge parts of our business, or if we buy or merge with another business we may share your personal data. If a change happens to our business, then the new owners may use your personal data as set out in this privacy notice.

    9.5 We may be legally required to disclose or share your personal data without your consent in some circumstances, for example to comply with a court order or law enforcement.

  10. EU users: international transfer of your data

    10.1 When we process your personal data within The Food App this may involve processing and transferring your data outside the European Economic Area (EEA), which includes all EU member states plus Iceland, Liechtenstein and Norway.

    10.2 Third parties with whom we share your data may be based outside the EEA and their processing of your personal data may involve a transfer of data outside the EEA.

    10.3 When your data is transferred outside the EEA we take steps to make sure it has the same level of protection as it would have in the EEA. Our agreements with third parties make clear the standards we expect of them in order to safeguard your information and your legal rights.

  11. Protecting your data

    11.1 We take steps to safeguard your information by putting in place appropriate security measures to prevent personal data from being accidentally lost, used, accessed in an unauthorized way, altered or disclosed.

    11.2 We limit access to your personal data to employees, agents, contractors and other third parties who need to access it. They are subject to a duty of confidentiality and we require them to process your personal data only in accordance with our instructions.

    11.3 We do not guarantee or warrant that security measures will prevent data breaches. We have procedures to deal with suspected data breaches. We will notify you and the relevant regulator of any data breach as legally required.

  12. Retaining your personal data

    12.1 We keep your personal data for as long as we need it for the purposes for which it was collected.

    12.2 When we decide how long we will keep your information we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure, why we need it, and any relevant legal requirements.

    12.3 We may anonymize your personal data (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely.

  13. Third party sites, apps and platforms

    Our sites and apps may include links to third-party sites, apps and social media platforms, including Facebook, Twitter and Instagram. Clicking on those links may allow third parties to collect or share data about you. We do not control third-party sites, apps and social media platforms and we encourage you to read their privacy notices so that you understand how they process information about you.

  14. Cookie policy

    Cookies are small data text files that are sent from a server during a browsing session. Cookies are typically stored on your computer’s hard drive and are used by web sites to simulate a continuous connection to that site. The use of cookies automatically identifies your browser whenever you interact with a site. A “web beacon,” also known as a tag, pixel tag, or clear GIF, is used to transmit information back to a web server. When we talk about “cookies” in this privacy notice, we mean not just cookies, but web beacons and similar technologies.

    Browsers and devices have tools that allow you to disable cookies on sites and apps. If you disable cookies you may not be able to access all the features of our services. We suggest that you keep our essential cookies (described below) active for a better user experience and to help us keep improving and developing our products and services.

    14.1 Essential cookies

    We use cookies to recognize you and remember you as a unique user. Cookies allow us to: serve you with content and ads; monitor traffic on our sites and apps; count and keep track of users who have seen particular ads and content; analyze your actions, see what you’re interested in and where you go online when you leave our sites and apps. By using your personal data in this way we can improve our products and services and your user experience.

    Session cookies remember you during your session on our sites and apps they are deleted when you log out of the site and when you close your web browser.

    Analytics cookies are used by us and by third parties who process data for us for data analytics purposes (for example Google Analytics) so that we can manage and improve the performance and design of our sites and apps and for monitoring, auditing, research and reporting.

    Consent cookies may be used by consent management tools we employ to allow us to record your preferences about third party cookies described in section 14.2 below, and to store and share your preference with us.

    We may collect the following personal data through essential cookies: a unique ID assigned to your device; IP address; device and browser type; operating system; referring URLs; content viewed or other actions taken on our sites and apps; time and date of those actions; country and language selected.

    14.2 Third party cookies: advertising and affiliate links

    Our ad partners and our affiliate links partners may collect personal data from you for their own purposes.

    • Ad partners include ad networks such as third party ad servers, ad agencies, ad technology vendors and research firms.

    • Affiliate links partners pay us when you buy things from them or another third party after clicking on an affiliate link in our content.

    Our ad partners use third party cookies to serve ads to you and to target you with tailored (or personalized) ads when you are on our sites and apps and when you visit third party sites. They also use cookies to measure traffic on our pages (for example to track ad views).

    Ad partners and affiliate links partners may view, edit or set their own cookies on your mobile device or web browser when you interact with our sites and apps. They use cookies to track your use of our sites and apps and your activities elsewhere online. We are not responsible for the privacy practices of these third parties and we encourage you to read their privacy notices so that you understand how they process information about you.

  15. Your legal rights

    15.1 EU users
    Legal rights you may exercise over your personal data are briefly described below:

    Right to request access

    You have the right to ask for a copy of personal data we hold about you and to check we are dealing with it lawfully by asking for information about how we process it.

    Right to request correction

    You have the right to ask us to correct incomplete or inaccurate information about you.

    Right to request erasure

    You have the right to ask us to delete or remove your personal data.

    Right to object to processing

    If we are relying on a legitimate interest to process your personal data, you have the right to object. Our legitimate interest in processing your information may override your rights and freedoms. You also have the right to object to us processing your personal data for direct marketing purposes.

    Right to withdraw consent

    If we are processing your personal data on the basis of your consent, you can withdraw your consent at any time

    Right to request restriction of processing.

    You can ask us to suspend processing of your personal data where: (a) you contest the data's accuracy; or (b) processing of your data is unlawful but you do not want us to erase it; or (c) we no longer need your data but you need us to hold it for a legal claim; or (d) you object to our processing of your data and we are checking whether the legitimate interest we rely on overrides your rights.

    Right to request transfer

    You have the right to ask us to transfer your personal data to you, or to a third party. This right applies only to automated information you gave us consent to use, or where we used the information to perform a contract with you.

    Right to object to processing

    You have the right not to be subject to automated decision-making, including profiling, which has legal or other significant effects on you. This right does not apply when the automated decision is necessary for entering into or performing a contract with you, or is based on your explicit consent.

    How to exercise your rights

    To exercise your rights email support@fresheasy.co.nz. As a security measure we will ask you to verify your identity. If a third party is making a request on your behalf we will ask them to prove that they have your permission to act for you.

    We may contact you to ask you for further information to help you exercise your legal rights, or to speed up our response. We will try to respond to requests within one month and we will let you know if we need to take longer, for example because your request is complicated. We may have an overriding lawful basis for processing your personal data, or certain exemptions may apply. If we refuse your request we will explain why.

 

 

COPYRIGHT POLICY

 

The Food App, Inc. ("Company") has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act. The easiest way to submit a DMCA claim is via our form here:  https://www.The Food App.com/about/contact. Otherwise, please read on.

The address of the Designated Agent to Receive Notification of Claimed Infringement ("Designated Agent") is listed at the end of this policy.

 

THE FOOD APP, INC. DMCA COPYRIGHT POLICY

PROCEDURE FOR REPORTING COPYRIGHT INFRINGEMENT:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;

  2. Identification of works or materials being infringed;

  3. Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Company is capable of finding and verifying its existence;

  4. Contact information about the notifier including address, telephone number and, if available, e-mail address;

  5. A statement that the notifier has a good faith belief that the material is not authorized by the copyright owner, its agent, or the law; and

  6. A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.

 

ONCE PROPER BONA FIDE INFRINGEMENT NOTIFICATION IS RECEIVED BY THE DESIGNATED AGENT:

It is Company's policy:

  1. to remove or disable access to the infringing material;

  2. to notify the content provider, member or user that it has removed or disabled access to the material; and

  3. that repeat offenders will have the infringing material removed from the system and that Company will terminate such content provider's, member's or user's access to the service.

 

PROCEDURE TO SUPPLY A COUNTER-NOTICE TO THE DESIGNATED AGENT:

If the content provider, member or user believes that the material that was removed or to which access was disabled is either not infringing, or the content provider, member or user believes that it has the right to post and use such material from the copyright owner, the copyright owner's agent, or pursuant to the law, the content provider, member or user must send a counter-notice containing the following information to the Designated Agent listed below:

  1. A physical or electronic signature of the content provider, member or user;

  2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;

  3. A statement that the content provider, member or user has a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material; and

  4. Content provider's, member's or user's name, address, telephone number, and, if available, e-mail address and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider's, member's or user's address is located, or if the content provider's, member's or user's address is located outside the United States, for any judicial district in which Company is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Designated Agent, Company may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at Company's discretion.

Please contact the Designated Agent to Receive Notification of Claimed Infringement for Company at support@fresheasy.co.nz or at:

The Food App Brand
Fresh Easy Ltd
Attn: Copyright Agent
1349 Bulls Road, RD3,
Kerikeri, 0293
Bay Of Islands,
New Zealand

 

 

 

 

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