Privacy Policy

Last Updated: March 13, 2020

Bite Inc. ("Bite") and the company whose branding is displayed on the website ("Site") and/or mobile application ("Application") that links to this Privacy Policy (the "Branded Company") respect the privacy of Site and Application (collectively, "Services") users. This Privacy Policy is intended to inform you of the policies and practices regarding the collection, use and disclosure of any personal information that Bite collects from or about users in connection with the Services. Bite provides the Services to users on behalf of the Branded Company, as a service provider and data processor. This Privacy Policy does not apply to any websites, mobile applications or other online services that do not link to this policy, including other services provided by the Branded Company. To the extent Bite shares personal information with the Branded Company as this Privacy Policy describes, this Privacy Policy does not apply to the Branded Company's subsequent use of that information.

INTERNATIONAL DATA TRANSFERS AND PRIVACY SHIELD

Bite discloses your personal information as described below and as described elsewhere in this Privacy Policy.

• (a) At the Direction of the Branded Company. Bite may share your information with the Branded Company or with third parties at the direction of the Branded Company. For example, when you use the Services to place orders, Bite will transmit your information to the Branded Company location you designate, or to the Branded Company's third party services providers or partners, as directed by the Branded Company, to facilitate your order. Other than as described in this Privacy Policy in connection with the Services, this Privacy Policy does not apply to the processing of your information by the Branded Company or third parties with whom Bite shares information at the Branded Company's direction.
  BECAUSE BITE DOES NOT CONTROL THE PRIVACY PRACTICES OF THE BRANDED COMPANY, YOU SHOULD READ AND UNDERSTAND THE BRANDED COMPANY'S PRIVACY POLICIES.
• (b) Third Party Service Providers. Bite may share your personal information with third party service providers that perform services for or on behalf of Bite, for the purposes described in this Privacy Policy, including: to provide you with the Services; to conduct quality assurance testing; to facilitate the creation of Accounts; to optimize the performance of the Services; to provide technical support; and/or to provide other services to Bite. Our service providers may be located in the U.S., Canada or other foreign jurisdictions.
• (c) Affiliates. Bite may share some or all of your personal information with its parent company, subsidiaries, joint ventures, or other companies under common control ("Affiliates"), in which case Bite will require its Affiliates to honor this Privacy Policy.
• (d) Corporate Restructuring. Bite may share some or all of your personal information in connection with or during negotiation of any merger, financing, acquisition or dissolution transaction involving the sale, transfer, divestiture, or disclosure of all or a portion of Bite's business or assets. In the event of an insolvency, bankruptcy, or receivership, personal information may also be transferred as a business asset. If Bite's company, business or assets is acquired by another company, that company will possess the personal information collected by Bite and the company will assume the rights and obligations regarding your personal information as described in this Privacy Policy.
• (e) Other Disclosures. Regardless of any choices you make regarding your personal information, Bite and its U.S. and other foreign service providers may disclose your personal information if Bite believes in good faith that such disclosure is necessary (a) to comply with relevant laws or to respond to subpoenas, warrants, or other legally valid inquiries or orders served on Bite; (b) to protect and defend the rights or property of Bite, the Branded Company or users of the Services; (c) in connection with a legal investigation; and/or (d) to investigate or assist in preventing any violation or potential violation of the law, this Privacy Policy, or Bite's Terms of Use, or as otherwise may be required or permitted by applicable Canadian, U.S. or other law or legal process, which may include lawful access by U.S. or foreign courts, law enforcement or other government authorities.

SAFEGUARDS AND RETENTION

We have implemented reasonable administrative, technical and physical measures in an effort to safeguard the personal information in our custody and control against theft, loss and unauthorized access, use, modification and disclosure. We restrict access to personal information on a need-to-know basis to employees and authorized service providers who require access to fulfil their job requirements. We have record retention processes designed to retain personal information for no longer than necessary for the purposes set out herein or as otherwise required to meet legal or business requirements.

A NOTE ABOUT CHILDREN

The Services are not directed towards individuals under the age of 13, and Bite does not intentionally gather personal information about visitors who are under the age of 13. Furthermore, Bite does not intentionally allow visitors under the age of 18 to register for the Services. If a child under 13 submits personal information to Bite and Bite learns that the personal information is the information of a child under 13, Bite will attempt to delete the information as soon as possible. If you believe that Bite might have any personal information from a child under 13, please contact Bite at: 1460 Broadway, 8th Floor, New York, NY 10036.

YOUR CHOICES REGARDING YOUR INFORMATION

You have several choices regarding use of information on the Services.

• (a) Cookies. If you decide at any time that you no longer wish to accept cookies from the Services for any of the purposes described above, then you can instruct your browser, by changing its settings, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. Consult your browser's technical information. If you do not accept cookies, however, you may not be able to use all or portions of the Services or all functionality of the Services. If you have any questions about how to disable or modify cookies, please let Bite know at the contact information provided below.
• (b) Application. You can stop all collection of information by the Application by uninstalling the Application. You may use the standard uninstall processes as may be available as part of your mobile device or via the mobile application marketplace or network.
• (c) How We Respond to Do Not Track Signals. Some web browsers transmit "do not track" signals to the websites and other online services with which your web browser communications. There is currently no standard that governs what, if anything, websites should do when they receive these signals. Bite currently does not take action in response to these signals. If and when a standard is established, Bite may revise its policy on responding to these signals.
• (d) Access, Update, or Correct Your Information. Subject to limited exceptions under applicable law, you may request to review, correct inaccuracies, and/or update your personal information Bite's custody and control by submitting a request to support@getbite.com or by writing to us at the contact information set out below. We may request certain personal information for the purpose of verifying the identity of the individual seeking access to his or her personal information records.
• (e) Opting Out of Email and SMS Communications. If you have signed-up to receive our email marketing communications, you can unsubscribe any time by clicking the “unsubscribe” link included at the bottom of the email or other electronic communication. Alternatively, you can opt out of receiving our marketing communications by contacting us at the contact information under “Contact Us” below. If you provide your phone number through the Services, Bite may send you notifications by SMS, such as to alert you of a problem with your order or to notify you that your delivery is on its way. You may opt out of SMS communications by unlinking your mobile phone number through the Site.
• (f) Opting Out of Location Tracking. If you initially consented to the collection of geo-location information through the Services, you can subsequently stop the collection of this information at any time by changing the preferences on your mobile device. Please note, however, that if you withdraw consent to Bite's collection of location information, you may no longer be able to use some features of the Services.

YOUR CALIFORNIA PRIVACY RIGHTS

(AS PROVIDED BY CALIFORNIA CIVIL CODE SECTION 1798.83)

A California resident who has provided personal data to a business with whom he/she has established a business relationship for personal, family, or household purposes (a "California customer") may request information about whether the business has disclosed personal data to any third parties for the third parties' direct marketing purposes. In general, if the business has made such a disclosure of personal data, upon receipt of a request by a California customer, the business is required to provide a list of all third parties to whom personal data was disclosed in the preceding calendar year, as well as a list of the categories of personal data that were disclosed. California customers should visit the Branded Company's website for further information on how to submit a request or, if applicable, opt out of the Branded Company's sharing of the customers' personal data with third parties for those parties' direct marketing purposes.

PRIVACY POLICY UPDATES

This Privacy Policy is subject to occasional revision. Bite will notify you of any material changes in its collection, use, or disclosure of your personal information by posting a notice on the Site and within the Application. Any material changes to this Privacy Policy will be effective thirty (30) calendar days following notice of the changes on the Site and within the Application. These changes will be effective immediately for new users of the Services. If you object to any such changes, you must notify Bite prior to the effective date of such changes that you wish to deactivate your Account. Continued use of the Services following notice of any such changes shall indicate your acknowledgement of such changes.

CONTACT BITE

If you have any questions or complaints about this Privacy Policy or Bite's data collection or processing practices, or if you want to report any security violations to Bite, please contact Bite by email at: support@getbite.com; or by mail at:

[Insert contact title/position]
Bite Inc
1460 Broadway, 8th Floor
New York, NY 10036 USA

NOTICE TO CALIFORNIA USERS

We are providing this supplemental privacy notice to California users on behalf of the Branded Company, pursuant to the California Consumer Privacy Act of 2018 ("CCPA"). Please note that as a service provider handling personal information on behalf of the Branded Company, Bite is not required to provide a CCPA notice. This notice does not apply to individuals with whom Bite engages in the individuals' capacity as representatives of businesses that may provide services to Bite, or to which Bite may provide its services including any user who visits www.biteflash.com, which is designed only for businesses and not for individuals' use in their personal or household capacity.

The Branded Company is prohibited from selling personal information through the Bite Services. As set out in this Privacy Policy, we, our service providers and partners use cookies and other tracking technologies to analyze website traffic and facilitate advertising. Please visit the Branded Company's homepage for further details about its privacy practices.

The CCPA grants California residents the following rights.

• Information. You can request information about how the Branded Company has collected, used and shared your personal information through the Bite Services during the past 12 months.
• Access. You can request a copy of the personal information that Bite maintains about you on behalf of the Branded Company.
• Deletion. You can ask to delete the personal information that Bite maintains about you on behalf of the Branded Company.
• Opt-out of sale of your personal information. While Bite does not allow the Branded Company to sell personal information through the Bite Services, we offer instructions on how to limit online tracking.

Please note that the CCPA limits these rights by, for example, prohibiting businesses from providing certain sensitive information in response to an access request and limiting the circumstances in which they must comply with a deletion request. You are entitled to exercise the rights described above free from discrimination.

Here is how you can submit requests:

• To request access to or deletion of personal information, visit the Branded Company's website.
• To learn how to limit tracking, visit the Branded Company's website.
• Identity verification. CCPA requires verification of the identity of the individual submitting the request. For identity verification requirements, visit the Branded Company's website.
• Authorized agents. California residents can empower an "authorized agent" to submit requests on their behalf.