Servicer establishes the following Privacy Policy to protect the confidential information of the Parties and to obtain necessary consents to use such confidential information:
This Privacy Policy is incorporated by reference into the Utah Grubs LLC Terms and Conditions of Service (the “Agreement”) and applies to User as of the Effective Time.
Any capitalized terms not defined in this Privacy Policy shall have the meaning ascribed to them in the Agreement.
User consents to Servicer possessing, processing, transferring, storing, and disclosing any of User’s Confidential Information (as defined below) that is reasonably necessary to (i) provide the Services; (ii) process payments sent or received for providing or receiving the Services; (iii) facilitate and comply with the Agreement, any Merchant Agreement, and any applicable third-party obligations; (iv) enable User to use the App; and (v) to comply with law.
“Confidential Information” means non-public information that is designated as “confidential” or that a reasonable person should understand is confidential. This includes, but is not limited to, any data, texts, sounds, software, images, videos, communications, addresses, device information, internet information, payment information, financial information, government identification information, transaction information, fraud prevention information, usage data, software data, past location information, real-time location information, real-time global positioning information, telephone numbers, emails, private social media profiles, gift cards, credit card numbers, bank account information, and any other similar information.
Confidential Information does not include (i) information that becomes publicly available without a breach of this Privacy Policy or the Agreement, (ii) the receiving party received lawfully from another source without a confidentiality obligation, (iii) is independently developed, or (iv) is a comment or suggestion volunteered about the other party’s business, products or services.
User consents to Servicer transferring, storing, and processing its Confidential Information in the United States or any other country in which Servicer provides the Services or runs the App in accordance with applicable law.
Servicer shall take reasonable steps to protect the User’s Confidential Information and shall use the other Party’s Confidential Information only for the permitted purposes in this Privacy Policy.
User shall obtain all required third party consents under applicable privacy and data protection laws before providing Confidential Information of a third party to Servicer. User shall indemnify Servicer for any claims arising from or relating to the failure to obtain such consents.
This Privacy Policy shall survive the expiration or termination of this Agreement.
