Effective as of October 9, 2015
This Privacy Notice describes the principles and practices that apply to the use of personal information (defined below) that The Yellow Chilli (“The Yellow Chilli”,” “we,” “us”) collects from users of the website, www.getyellowchilli.com, the mobile web, the mobile app and the touch versions and any sites we have now or in the future that reference this Privacy Notice (collectively, the “Application”).
Users (as defined below), by using the Application and selecting a location, consent to our processing of your information as set forth in this Privacy Notice.
Your California Privacy Rights
Under California Civil Code Section 1798.83, California residents have the right to request in writing that we provide (a) a list of the categories of personal information, such as name, email and mailing address, and the type of services provided to the customer, that we have disclosed to third parties (including affiliates that are separate legal entities) during the immediately preceding calendar year, for the third parties direct marketing purpose and (b) the names and addresses of all such third parties.
To request the above information, please contact us as indicated in the “How to Contact Us” Section of this Privacy Notice, with a reference to California Shine the Light Law.
We will respond to such requests within 30 days following receipt of the letter or email sent to the address provided in the “How to Contact Us” Section. If we receive your request at a different email or mailing address, we will respond with a reasonable period, but not to exceed 150 days from the date received. Please note that we are only required to respond to each individual once per calendar year.
Definitions and Background
For ease of use of this document, certain terms have been associated with the specific meaning provided below.
“Device” means a smart phone, tablet, and any other similar mobile or connected equipment that is used for online activities.
“Personal Information” means information that identifies an individual or that, when combined with other information available to the data holder may allow identifying an individual with reasonable certainty. “Personal information” includes any information that is collected from the Application or from any communication between us and an individual, such as contact information that a visitor might provide when asking for information about the Application. It also includes an individual’s name, address, or contact information.
“Registered User” means a User of the Application that has provided a delivery location.
“User” is an individual who uses the Application. A User can be a visitor of the Application (who merely explores the Application), or a Registered User.
This Privacy Notice applies to information that we collect or receive from Users and Registered Users of the Application.
Users, by using the Application and providing a delivery location, consent to our processing of your information as set forth in this Privacy Notice.
Your continued use of the Application, or continued interaction with us after we have notified you of a material change in our Privacy Notice in accordance with the Updates will be deemed an acceptance of these new terms.
Our Policy Towards Children and Minors
The Yellow Chilli does not intend that any portion of the Application will be accessed or used by children under the age of sixteen, and such use is prohibited. The Application is designed and intended for Registered Users at least 16 years of age. By using the Application, you represent that you are at least 16 years old. If you are 16 or older but under the age of majority (which is 18 years old in most states), then your parent or guardian may be liable for some or all of your activities on the Application. Because of this, and because it is prudent for your parent or guardian to be aware of your activities, including the websites that you visit, you should make your parent or guardian aware that you are using the Application.
The Yellow Chilli’s Privacy Practices for Users 16 Or Older
The Information We Collect
The Application is a platform through which Registered Users order groceries and have them delivered to a specified location. Therefore, although you do not have to share any Personal Information to browse the Application, you do need to provide a payment method and delivery location to use the Application.
Users may provide us with certain Personal Information when you use the Application, for instance if you include your name in your account. We refer to the information Users provider us, including the delivery location a User provides, and any Personal Information a User provides us as the “Information.”
How We Collect Information.
We collect Information in a number of ways. First, Users provide us with Information when they provide a delivery location or otherwise include Personal Information in their account.
We also use technology to collect certain information automatically, like your Internet Protocol (“IP”) address (which is the automatic number assigned to your computer by your Internet service provider when you surf the Web, or unique device identifier (“UDID”), international mobile equipment identity (“IMEI”), mobile equipment identifier (“MEID”) or media access control “MAC”) address; computer operating system (e.g., Microsoft Windows, Mac OS); your browser (e.g., Internet Explorer, Firefox); websites visited before or after you visit the Application; pages viewed and activities on the Application; and advertisements shown or clicked on. In addition, we use GPS and other location techniques to determine the general location of a Registered User’s Device.
Some cookies are managed by us, and others by our service providers. These cookies are used for a variety of purposes.
Some cookies enable services that you have specifically asked for. Other cookies are used to remember the choices you made (for example, the size of the font, or the language you prefer) in order to make it easier for you to use our Application when you return. Other cookies collect information about how Users use the Application. Finally, other cookies are used to collect information about your perceived interest in our products or services so that we can arrange for advertisements regarding these products or services to display on the Application or other sites that you visit on the Internet. This way, when you visit other sites that display advertisements, the advertisements that you see are more relevant to you.
These cookies are not linked to any contact information or identifying information, thus cookies do not tell us who you are, but they may identify your Device.
If you have any other questions about cookies and other technologies, please visit http://www.allaboutcookies.org/ or http://networkadvertising.org/ or contact us as indicated in the How to contact us section.
How We Use the Information We Collect
For Marketing and Business Development
When not precluded from doing so, we may use the Information we have received from you or about you to solicit feedback from you, including through surveys or to send you marketing communications and promotional material about other products and services. If you consistently demonstrate an interest in certain grocery items, we may propose a weekly grocery basket or otherwise initiate communication with you about this product or service, and may periodically send you additional information and news.
To opt out from receiving any communications from us, you need to delete the Application from your Device.
We may aggregate (or have third parties aggregate) the Information we collect from Users and usage data in order to obtain statistical information, such as to calculate the percentage of Users in a certain area or location. We use aggregated Information to understand how the Application is used, for research or product development, for example, to measure interest in, or monitor the use of any content, product, services or promotions that we provide through the Application, to improve the content, products, services or promotions, and for the technical administration of the Application.
To Defend or Enforce our Rights
Who We Share Your Information With
The Yellow Chilli employees and independent contractors need to have access to the Information we have collected about you to carry out their duties and obligations, such as to provide customer support, respond to inquiries, or correct an error. Only the minimum amount of Information will be made available to them as needed, and in accordance with their responsibilities. They are required to ensure at all times the confidentiality and security of your Information.
We may engage certain third parties to perform services including, without limitation, hosting and maintenance, customer relationship, storage, database management, collection, fraud prevention, business analytics, chat, website analytics, website optimization, lead scoring, retargeting, direct marketing campaign, or similar services. For example, we use an outside credit card processing company to bill Users for their groceries. We will share your Information with these third parties, but only to the extent that this Information is necessary to perform these functions and provide such services, and only pursuant to binding contractual obligations requiring such third parties to maintain the privacy and security of your Information.
If The Yellow Chilli is Sold or Goes Bankrupt
If any or all of the assets of The Yellow Chilli are acquired by, or if The Yellow Chilli merges with, another entity, or in the unlikely event of a bankruptcy, we may disclose, share or transfer some or all of your Information to or with this entity in preparation of the transaction, as part of the due diligence, or after the transaction has been consummated, and we may transfer your Information after the transaction has been consummated, so that the successor entity can continue providing the Application to our Users. If the recipient of the Information has practices regarding Personal Information that do not substantially meet the substance of this Privacy Notice, you will be given the opportunity not to continue to use the Application and to have your Information deleted.
Compliance with Laws and Third Party Requests
The Yellow Chilli cooperates with government and law enforcement officials or private parties to enforce and comply with the law. We may disclose any Information about you to government or law enforcement officials or private parties as we, in our reasonable discretion, believe necessary or appropriate to respond to and defend against legal claims, respond to legal process (including a facially valid subpoena, warrant, court order or other legal process), or otherwise as required by law.
Please note that we may not be able to notify you of a request for the disclosure of your Information as described above, either because it might be prohibited by law, or because doing so would jeopardize an investigation of illegal or fraudulent activity, or because we do not have your contact information.
We want our Users to enjoy their visit to and use of the Application, and we respect their privacy. To this end, we provide numerous privacy choices.
While we have tried to provide all tools necessary so that Users can manage their interaction with us, as listed below, you may prefer to interact directly with us. In this case, be aware that you can contact us at any time with your questions or requests for assistance. Please refer to the How to contact us section.
Right to Access Your Information
You may access the Information we have regarding you by contacting us as indicated in the How to Contact Us. In addition, you may obtain a copy (electronic or physical) of this information by requesting it in the same manner. If the requested Information is no longer available or cannot be produced using reasonably commercial means, or if the burden or expense of accessing it would be disproportionate to the risks to you, we may deny your request and we will provide you an explanation for this denial.
Right to Amend, Correct, Substitute or Delete Information
You may request that we amend, correct, substitute, or delete information maintained and/or stored by us if you believe that it is not accurate, timely, complete, relevant, or necessary to accomplish our services. To do so, please let us know what you need, by contacting us as indicated in the How to Contact Us. If the requested Information is no longer available or cannot be modified or deleted using reasonably commercial means, or if the burden or expense of deleting it would be disproportionate to the risks to you, we may deny your request and we will provide you an explanation for this denial.
Right to Block Marketing Communications
If you no longer wish to receive marketing information or communications from us or from our affiliate entities, you must delete the Application from your Device.
Do Not Track
California law requires that website operators disclose how they respond to a “Do Not Track” signal. However, because there is not yet a common understanding of how to interpret Do Not Track signals, we do not currently respond to Do Not Track signals, if any, that we might receive from browsers. We will continue to work with the online industry to define a common understanding of how to treat Do Not Track signals.
To learn more about online behavioral advertising, and/or to opt-out of this type of advertising, please visit the Network Advertising Initiative website or the Digital Advertising Alliance website. You can also contact us as indicated in the How to Contact Us section.
Third Party Cookies
We do not share with these third parties any Information that would readily identify you, such as an email address, but these third parties may have access to information about your Device, such as an IP or MAC address. We do not have access to, or control over, the technologies that these third parties may use to collect information about your interests.
The Yellow Chilli employs administrative, physical, and electronic measures designed to protect your information from unauthorized access, loss, misuse, disclosure, alteration, and destruction.
When we need to transfer Information out of our firewall, we use industry-standard technological means to protect your information while in transit through the Internet. We use encryption and a comprehensive authentication protocol to provide reasonable security. However, please remember that no security system on the Internet is perfect.
Limitation of Liability
We exercise reasonable efforts to safeguard the security and confidentiality of your information; however, transmissions protected by industry standard technology and administered by humans cannot be guaranteed to be secure. We will not be liable for unauthorized disclosure of your Information that occurs through no fault of The Yellow Chilli including, but not limited to, errors in transmission, uses of your data by a third party, your failure to comply with your security obligations, and the unauthorized acts of The Yellow Chilli’s employees.
Links to Other Websites
This Privacy Notice addresses only the use and disclosure of Information that we collect from you through the Application, through our interaction with you or from interaction with our business partners. The Application may contain links to other websites. The fact that we link to a website is not an endorsement, authorization or representation of our affiliation with that third party. We do not exercise control over third party websites. These other websites may place their own cookies or other files on your computer, collect data, or solicit personal information from you. They follow their own rules regarding the use or disclosure of the personal information you submit to them. We recommend that you to read the privacy policies or statements of these other websites.
If you have any concerns or claims with respect to our Privacy Notice, please contact us as indicated in the How to Contact Us section. We will investigate and attempt to resolve any complaints and disputes regarding our use and disclosure of your information.
If the complaint or dispute cannot be resolved through our internal process, or The Yellow Chilli does not adequately respond to your question, the parties agree to arbitrate the dispute. Arbitration will be conducted by telephone and email, and if it must be done in person, it will be conducted in Iselin, New Jersey County, California, using the English language in accordance with the Arbitration Rules and Procedures of JAMS then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. The prevailing party in the arbitration shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys’ fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts located in the Northern District of California.
This Privacy Notice may be updated from time to time in order to reflect changes in our practices. We will notify you of any material changes by posting the new Privacy Notice on the Application, and will obtain the necessary consents as may be required under applicable law if we seek to collect, use or disclose personal data for purposes other than those for which consent has been obtained.
Except as stated above, all changes will apply to the information that we have are already collected, and to information that is collected after the effective date of the revised Notice. If any proposed change is unacceptable to you, you will have the right to ask for the deletion of your information. You are advised to consult this Privacy Notice regularly for any changes.
How to Contact Us
If you have any questions, comments, concerns, complaints or claims with respect to the Site, other users of the Application, if your account has been compromised by a hacker or scammer, if another user is abusing, harassing, or stalking you, if you find that certain content displayed on the Application is inappropriate or prohibited by these Terms, or if you have any other concern, please contact us as indicated below. We will investigate and attempt to resolve the matter.
If you have any questions regarding these Terms or the Application, please contact us by email at email@example.com, or by mail at
The Yellow Chilli, 1477 Oak Tree Road Iselin, Nj 08830.