LevelUp User CA Privacy Notice
Effective: February 11, 2021
This CA Privacy Notice (the “CA Notice”) supplements the information contained in our Privacy Policy and applies solely to individual residents of the State of California ("consumers" or "you").
This CA Notice describes how we collect, use, disclose, and otherwise process personal information of individual residents of the State of California, either online or offline, within the scope of the California Consumer Privacy Act of 2018 (CCPA) when you create a LevelUp User Account or otherwise use the Apps and/or Services we provide on behalf of a Restaurant.
Please note: Like our Privacy Policy, this CA Notice does not cover or address the privacy practices of Restaurants. Restaurants are independent third parties that may maintain their own business practices and policies outside of their relationship with LevelUp and their use of our Services. Accordingly, we are not responsible for the Restaurant’s independent collection, use or disclosure of your personal information outside of the Services we provide. For more information, please contact the Restaurant directly or refer to the Restaurant’s own privacy policy.
Unless otherwise expressly stated, all terms in the CA Notice have the same meaning as defined in our Privacy Policy or as defined in the CCPA.
Personal Information Definition
When we use the term “personal information” in this CA Notice, we mean information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. The term does not include information relating to job applicants, employees, contractors or other personnel of LevelUp; publicly available information from government records; deidentified, aggregated or anonymized information that is maintained in a form that is not capable of being associated with or linked to you; or any other information excluded from the CCPA’s scope (e.g. certain types of health or medical information).
Collection and Use of Personal Information
We collect personal information in connection with our Apps and Services for various purposes. For example, we use personal information to:
- Provide Services to the Restaurant and to you on behalf of the Restaurant (e.g. process your orders with the Restaurant)
- Communicate with you
- Inform marketing and advertising activities we undertake on behalf of the Restaurants
- Optimize and improve our Apps and Services and to develop new Apps and Services
- For other business, operational and commercial purposes described in our Privacy Policy.
Please review the following sections of the Privacy Policy to learn more about the personal information we collect and the purposes for which we collect it: “Personal Information We Collect” and “How We Use Your Personal Information.”
In the last 12 months, we have collected the following categories of personal information:
| Category of Personal Information Collected | Collected | Categories of Sources |
|---|---|---|
| Identifiers, such as your name, address, phone number, email address or other similar identifiers. |
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| California Customer Records (Cal. Civ. Code § 1798.80(e)), such as your name, address, phone number, credit card number or other payment account number (including the three [3] or four [4] digit validation code for your credit card). |
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| Protected Classification Characteristics, such as age, gender or demographic group. |
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| Commercial Information, such as your ordering history, record of shopping or purchasing tendencies, and loyalty status or progress. |
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| Internet/Network Information, such as your browsing history, search history, and information regarding your interaction with the Services. |
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| Geolocation Data, such as information about your physical location collected from geolocation features on your device, including your IP address and GPS (e.g. latitude and/or longitude). |
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| Sensory Information, such as photographs or recorded calls with our support teams. |
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| Inferences, such as information generated from your use of the Services reflecting your preferences. |
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Sharing and Disclosure of Personal Information
As further described in the section called “Sharing of Your Information” in our Privacy Policy, we share personal information with third parties for business purposes.
The categories of third parties to whom we disclose your personal information for a business purpose include:
- Restaurant clients on whose behalf we provide the Services
- Third parties at your direction or request (e.g. posting your activity on social networks)
- Third parties at the Restaurant’s request (e.g. email or texting service providers, ad networks and advertising partners, social networks, point of sale providers, online ordering provider partners, and our affiliates)
- Third-party vendors and other service providers
- Our affiliates for operational or other business purposes
- Analytics providers
We may also disclose personal information in connection with a corporate business transaction or to comply with legal or contractual obligations, as described in our Privacy Policy.
In the last 12 months, we have disclosed for a business purpose all of the categories of personal information we collect, explained in the chart above.
We do not sell your personal information to third parties. When directed to do so by a Restaurant, we permit third-party advertising networks, social media companies and other third-party businesses to collect and disclose your personal information (including Internet / Network Information, Geolocation Data, Commercial Information, and Inferences) directly from your browser or device through cookies or tracking technologies when you visit or interact with the applicable Restaurant Apps. Please review the Third-Party Tracking and Online Advertising section of the Privacy Policy for more information about how third parties collect information automatically on our websites and other online services and the choices you may have in relation to those practices.
Your California Privacy Rights
As a California resident, you may be able to exercise the following rights (collectively, the “California Privacy Rights”) in relation to the personal information about you that we have collected (subject to certain limitations at law):
| Right to Know |
You have the right to request any or all of the following information relating to your personal information we have collected and disclosed in the last 12 months, upon verification of your identity:
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| Right to Delete | You have the right to request the deletion of personal information we have collected from you, subject to certain exceptions. |
| Right to Opt-out | You have the right to direct us not to sell (as that term is defined by the CCPA) personal information we have collected about you to third parties now or in the future. |
| Right to Non-Discrimination | If you choose to exercise your rights, we will not charge you different prices or provide different quality of services unless those differences are related to your personal information. That is, if the exercise of these rights limits our ability to process personal information (such as in the case of a deletion request), we may no longer be able to provide you our products and Services or engage with you in the same manner. |
| “Shine the Light” | California residents that have an established business relationship with us have the right to request and obtain from us once a year, free of charge, a list of the third parties to whom we have disclosed their personal information (if any) for such third party’s direct marketing purposes in the prior calendar year, as well as the type of personal information disclosed to those third parties under California’s “Shine the Light” law (Civ. Code §-1798.83). |
How to Exercise Your California Privacy Rights
Exercise Your Right to Know or Right to Delete
You may submit a request to exercise your California Privacy Rights through one of the mechanisms described below. We will need to verify your identity before processing your request, which may require us to request additional personal information from you or require you to log into your account. We will only use personal information provided in connection with a California Privacy Rights request to review and comply with your request. You may also designate an authorized agent to make requests on your behalf. In order to be able to act, authorized agents must submit a request using the email address below and provide sufficient evidence to demonstrate that the requestor is an authorized agent with written permission to act on your behalf.
In certain circumstances, we may decline a request to exercise the Right to Know or Right to Delete described above, particularly where we are unable to verify your identity. If we are unable to comply with all or a portion of your request, we will explain the reasons for declining to comply with the request.
Please note that LevelUp provides the Apps on behalf of Restaurants and will respond to your California Rights Request only as it relates to the specific Restaurant App from which you are making the request. You will need to make a separate request for each Restaurant App.
LevelUp is only capable of addressing your California Privacy Rights with respect to the personal information we process through the LevelUp-powered Apps and Services. Our response to your request may not address the personal information practices of the Restaurant. As noted above, Restaurants are independent businesses that maintain their own business practices and policies outside of their relationship with LevelUp and their use of the LevelUp Services. You may wish to make a separate request directly with the applicable Restaurants.
To exercise your Right to Know and/or your Right to Delete, please submit a request by following the instructions below:
Right to Know: Obtain a report on what personal information we collect and how we use and share it
- You must be a California resident to download this report.
Right to Know: Get a copy of the personal information we have collected about you in the last twelve (12) months
- You must be a California resident to submit this request.
- You must provide the specific restaurant name in the request.
- You must email us from the email address tied to your LevelUp-powered User Account.
If you encounter any issues with the link above, please email privacyrequests@thelevelup.com with the subject line “California Privacy Rights Request.”
Right to Delete: Delete your personal information
- You must be a California resident to submit this request.
- You must provide the specific restaurant name in the request.
- You must email us from the email address tied to your LevelUp-powered User Account.
If you encounter any issues with the link above, please email privacyrequests@thelevelup.com with the subject line “California Privacy Rights Request.”
Please note: All data associated with other LevelUp-powered User Accounts tied to your email address may also be deleted. Please review all the Accounts you have for LevelUp-powered Apps through the “Deactivate QR Codes” tab at thelevelup.com/login. Please contact privacyrequests@thelevelup.com for more information.
In addition to the options above, to exercise your Right to Know and/or your Right to Delete, you may also:
- Email privacyrequests@thelevelup.com with the subject line “California Privacy Rights Request”, or
- Call 1-855-538-3542
Exercise Your Right to Opt-out
We do not sell your personal information to third parties.
Below are your options for controlling your information and communication preferences in other ways.
Exercising your right to opt out from receiving marketing messages. Please refer to the Control Over Your Information section of the Privacy Policy for your options.
“Shine the Light” disclosures. California's "Shine the Light" law (Civil Code Section §1798.83) provides certain rights to California residents that have an established business relationship with us with regard to the disclosure of certain types of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to privacyrequests@thelevelup.com or write us at: One Center Plaza, 6th Floor, Boston, MA 02108-1887.
Third Party Tracking and Online Advertising. If a Restaurant enables online advertising and personalization services in the App, we permit certain third party ad networks, social media sites and other third parties to collect personal information about you through the Apps to serve relevant ads or personalize content, measure your engagement on the Service in order to improve your experience, or track referrals. We do not control or have access to the personal information such companies collect on you, so we do not include those third parties in your opt- out options. See our Third Party Tracking and Online Advertising section of our Privacy Policy for information about your choices with respect to these activities.
Minors. We do not sell the personal information of consumers we know to be less than 16 years of age, unless we receive affirmative authorization (the "Right to Opt In") from either the minor who is between 13 and 16 years of age, or the parent or guardian of a minor less than 13 years of age.
Loyalty and Rewards Programs
We may offer Loyalty Programs on behalf of Restaurants to provide you with discounts, rewards and other incentives. Please refer to our Terms of Service to learn more about how these Loyalty Programs work. Your rights to participate in these programs will not be affected by your exercise of any of your California Consumer Rights. However, you may not be able to participate in such programs if you request to delete your information, as we will have no means of verifying your identity or tracking your rewards.
Updates to This CA Notice
We will update this CA Notice from time to time. When we make changes to this CA Notice, we will change the "Effective" date at the beginning of this notice. All changes shall be effective from the Effective Date unless otherwise provided in the notification. If you do not cancel your Account before the date the revised CA Notice becomes effective, you will be subject to the revised CA Notice.
Contact Us
If you have any questions or requests in connection with this CA Notice or other privacy-related matters, please send an email to privacyrequests@thelevelup.com. Alternatively, inquiries may be addressed to: SCVNGR, Inc. d/b/a LevelUp One Center Plaza, Sixth Floor, Boston, MA 02108-1887