2. MOBILE APP CONTENT
3. ORDER PLACEMENT, PAYMENT, PICK-UP, AND DELIVERY
(a) Aggregate Information Gathered By the Company. We may gather information about all of our users collectively, and not on an individual basis, for purposes such as determining which parts of our Mobile App users access most frequently. This information helps us determine which parts of our Mobile App are most beneficial for users, and how we can continually create a better overall experience for you. We only use such data in the aggregate and anonymously.
(b) Information About You Specifically. In some instances, we allow you to provide us with specific information about you, such as your name, address, email address, telephone number, payment information or other pertinent personal information (“Personal Information”). For example, we may collect Personal Information when you provide it to us when you download the Mobile App, create an account, or make a purchase. If you elect to provide us with your Personal Information, we may use that information : (i) to provide you with certain of our publications, (ii) to notify you of other information regarding the Company (iii) to operate the Mobile App (iv) to facilitate a purchase you choose to make, including facilitating payment for your purchase (v) to respond to your questions and inquiries (vi) to conduct market research and surveys (vii) to conduct promotional activities (viii) to improve our products, services, and Mobile App, (ix) to supply you with requested information (x) to notify you when an order you have made using the Mobile App is ready for pickup or to provide delivery updates, (xi) to protect our assets and the security and integrity of our systems and data, (xii) to send you informational or promotional communications that you have agreed to receive, (xiii) to validate credentials, authenticate customers, and prevent fraudulent transactions; (xiv) to identify product and service preferences; (xv) to carry out other purposes that are disclosed to you and to which you consent; and (xvi) to carry out any other purpose permitted or required by law. If you provide us with your Personal Information, but later decide you no longer want us to send you any information about us, simply contact us at the address set forth in the “Feedback” or “Contact” section of the Site.
(c) Technical Information. When you use the Mobile App, we may automatically collect technical information, such as the type of mobile device you use, mobile network information, the type of mobile browser you use, or your time zone setting. The Application may contain third party plug-ins and/or applications, and/or links to third-party websites that are not owned, controlled or operated by Compass, including without limitation, social media plug-ins, and the Application may also include links to third-party ads on the Application or otherwise, to or from third-party websites (collectively, “Third-Party Applications”), including websites operated by advertisers, licensors, licensees, and certain other third parties. These plug-ins and/or applications may include functionality that allows you to create or login to an account using information that is accessed from one of your social media profiles. We may have no control over the content, operations, policies, terms, or other elements of Third-Party Applications, and we do not assume any obligation to review any Third-Party Applications. Compass does not necessarily endorse, approve, or sponsor any Third-Party Applications, or any third-party content, advertising, information, materials, products, services, or other items. Furthermore, we are not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised at such Third-Party Applications. Finally, we will under no circumstances be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within these Third-Party Applications. Any activities you engage in connection with any of the same are subject to the privacy and other policies, terms and conditions of use and/or sale, and rules issued by the operator of the Third-Party Applications. We disclaim all liability in connection therewith. Any interactions, correspondence, transactions, and other dealings that you have with any third parties found on or through the Service (including on or via Third-Party Applications or advertisements) are solely between you and the third party (including issues related to the content of third-party advertisements, payments, delivery of goods, warranties (including product warranties), privacy and data security, and the like). We disclaim all liability in connection therewith.
(d) Information About Your Location. In order to use some features of the Mobile App, we may need to utilize your location. When you open, use, or interface with the Mobile App on your mobile device, we may use the location information from your mobile device to tailor content based on your proximity to certain locations (such as showing you nearby dining locations or providing you with additional information about dining locations based on your proximity). This information is not shared with others. The Mobile App may use your mobile device’s “background location” to provide you with additional information and reminders, including to send you notifications. If you have “background location” turned on, the Mobile App may periodically store your location, such as to analyze foot traffic in and around certain dining locations, even if you are not directly interfacing with the Mobile App.
(g) Children. Compass does not knowingly collect Personal Information from children under the age of 13. If a child has already provided us with Personal Information, his or her parent or guardian may contact us for the purpose of deleting this information. If we become aware that a child under 13 has provided us with Personal Information, we will delete such information from our files.
(h) How we Protect Personal Information. The security of your Personal Information is important to us. We protect your Personal Information by maintaining physical, administrative and technological safeguards intended to help protect against unauthorized use, disclosure or access. Personal Information may only be accessed by persons within our organization, or our third party service providers, who require such access to carry out the purposes indicated above. Personal Information we collect is maintained in a cloud based server. The security of your Personal Information is important to us. We protect your Personal Information by maintaining physical, administrative and technological safeguards intended to help protect against unauthorized use, disclosure or access. We retain Personal Information that we collect for as long as reasonably necessary to fulfill the purposes for which it was collected or to meet any legal requirements. We have retention standards which meet these requirements. Although we have taken measures to help protect our Application, computer systems and any Personal Information that we have collected from unauthorized use, access, disclosure, misuse, alteration or destruction, no security measures can provide absolute protection. We cannot ensure or warrant the security of any information you provide to us. All third parties that obtain Personal Information from us (e.g. service providers that perform functions on our behalf) are required to protect your confidentiality and Personal Information in a manner consistent with this policy, and/or as required by law. Some or all of the Personal Information we collect may be stored or processed on servers located outside your jurisdiction of residence, including in Canada or the United States, whose data protection laws may differ from the jurisdiction in which you live. As a result, this information may be subject to access requests from governments, courts, or law enforcement in those jurisdictions according to laws in those jurisdictions. Subject to applicable laws in such other jurisdictions, we will use reasonable efforts to ensure that appropriate protections are in place to require the data processor in that country to maintain protections on the Personal Information.
(i) Your California Privacy Rights. As provided by California Civil Code Section 1798.83, a California resident who has provided information to a business with whom they have established a business relationship for personal, family, or household purposes (“California customer”) is entitled to request information about whether the business has disclosed personal information to any third parties for the third parties’ direct marketing purposes. In general, if the business has made such a disclosure of such information, upon receipt of a request by a California customer, the business is required to provide a list of all third parties to whom personal information was disclosed in the preceding calendar year, as well as a list of the categories of personal information that were collected and/or disclosed. To request such information, please contact us in writing at 2400 Yorkmont Road, Charlotte, North Carolina, 28217, c/o General Counsel, Attn: Customer Care – California Shine the Light Inquiry. Please allow 30 days for a response. Please note that we are only required to respond to one request per customer each year and you will not be charged for this request. If you would like to review and/or change your Information retained by Compass or if you have questions regarding the process to review and/or change your personal information please contact us in writing at 2400 Yorkmont Road, Charlotte, North Carolina, 28217, c/o General Counsel. California and other customers may request further information about our compliance with this law by writing to us at the address above.
5. DISCLAIMERS AND LIMITATIONS ON LIABILITY
(a) YOU EXPRESSLY AGREE THAT USE OF THE MOBILE APP IS AT YOUR SOLE RISK. NEITHER WE, NOR OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES OR OTHERS (COLLECTIVELY, THE “PROVIDERS”), WARRANT THAT (i) USE OF THE MOBILE APP WILL BE UNINTERRUPTED OR ERROR-FREE; (ii) THE INFORMATION, CONTENT, ADVICE OR OPINIONS PROVIDED ON OR THROUGH THE MOBILE APP IS ACCURATE, COMPLETE, RELIABLE OR CURRENT; OR (iii) THE MOBILE APP AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE MOBILE APP OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE ARE NOT RESPONSIBLE FOR THOSE COSTS.
(b) THE MOBILE APP, AND YOUR ACCESS TO IT, IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS AND WE SPECIFICALLY DISCLAIM WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. NO ORAL OR WRITTEN INFORMATION GIVEN BY US NOR ANY PROVIDER SHALL CREATE ANY WARRANTY.
(c) UNDER NO CIRCUMSTANCES SHALL WE OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE MOBILE APP BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE MOBILE APP OR ANY LINKED WEBSITE. BECAUSE THE LAW IN SOME STATES DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
(d) YOU AGREE TO INDEMNIFY AND HOLD HARMLESS THE COMPANY, AND ITS OFFICERS, EMPLOYEES, AGENTS, DIRECTORS, SUCCESSORS AND ASSIGNS, FROM AND AGAINST ALL CLAIMS, DAMAGES, LOSSES, EXPENSES, COSTS, REASONABLE ATTORNEYS’ FEES AND LIABILITIES THAT ANY OF THEM MAY SUSTAIN ARISING DIRECTLY OR INDIRECTLY OUT OF YOUR USE OF THE MOBILE APP OR ANY INFORMATION OR CONTENT CONTAINED ON THE MOBILE APP.
6. LINKS TO THIRD-PARTY WEBSITES
Occasionally, we may make available a link to a third party’s Website. These links will let you leave the Mobile App. The linked sites are not under our control and we are not responsible for the contents or security of any linked site or any link contained in a linked site, or any changes or updates to such sites. We are not responsible for Webcasting or any other form of transmission received from any linked site. We provide the links to you only as a convenience. We do not endorse, and make no warranty or representation regarding, any such site or its use or contents. Links do not imply that we are affiliated with, or are legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links.
7. LINKS TO OUR WEBSITE
8. UNSOLICITED SUBMISSIONS
We are pleased to hear from our customers and Mobile App users and welcome your comments regarding our Company and the Mobile App. If you send us comments, suggestions, ideas, concepts or other information (collectively, the “Submissions”), the Submissions shall be deemed, and shall remain, our property, and we may use, copy, display, distribute, adapt, transfer or dispose of Submissions in any way and for any purpose as we may, in our sole discretion, determine appropriate. None of the Submissions shall be subject to any obligation of confidence on our part, and we shall not be liable for any use or disclosure of any Submissions.
9. APPLICABLE LAW
We maintain the Mobile App from our offices within the United States of America. We make no representation that the Content in the Mobile App is appropriate or available for use in any jurisdiction, and access to them from locations in which such Content is illegal is prohibited. Those who may choose to access the Mobile App from other jurisdictions do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Content in violation of US export laws and regulations. Any claim relating to the Mobile App or the Content shall be governed by the internal laws of the state of North Carolina, without reference to its choice of law provisions, and shall be resolved solely through proceedings held within the state of North Carolina.
11. GENERAL INFORMATION
12. COPYRIGHT COMPLAINTS
We respect the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied and is accessible on the Mobile App in a way that constitutes copyright infringement, you may notify us by providing us a written notice that includes the following information:
(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
(b) A description of the copyrighted work that you claim has been infringed, including the URL (i.e., Web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
(c) Identification of the specific location on the Mobile App where the material that you claim is infringing is located.
(d) Your address, telephone number and email address.
(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
(f) A statement by you, made under penalty of perjury, that all information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
(g) You should send your notice of copyright infringement concerning the Mobile App to us at the address set forth in the “Feedback” section of the Site. We have the sole discretion to determine what action, if any, we believe is necessary in response to a complaint of infringement, such as investigation of the complaint or removal of the allegedly infringing material.
13. EFFECTIVE DATE.