Privacy Policy

Last Updated: October 29, 2009

This privacy policy (referred to as the “Privacy Policy”) discloses the privacy practices for 3Spoons LLC’s (referred to as “3Spoons” or “us” or “we” or “our”) website (referred to as the “Website”). Please read the information below to learn more details about our Privacy Policy and how 3Spoons will maintain your data, including answers to the following questions:

Can 3Spoons summarize the Privacy Policy?
How do you “consent to” or “refuse” the terms and conditions of this Privacy Policy?
What information do we collect from you?
Where does 3Spoons collect information from you and how do we use it?
With whom does 3Spoons share your information?
How can you update, correct or delete your personally identifiable information (referred to as “Personally Identifiable Information”)?
How can you “opt-in” or “opt-out” of our email newsletters, weekly specials or promotional communications?
What are your choices regarding the collection, use and distribution of your information?
What security precautions are in place to protect against the loss, misuse or alteration of your information?
Does 3Spoons use “cookies”?
What should you know about privacy policies and data collection at any third party websites accessible from the Website?
What else should you know about your privacy online?
Can 3Spoons change the Privacy Policy? How will you know?
If you still have questions about this Privacy Policy, how can you contact 3Spoons?

1. A BRIEF SUMMARY OF OUR PRIVACY POLICY

In summary, 3Spoons is committed to protecting your privacy and we will:

Not collect Personally Identifiable Information without your knowledge and permission;
Not knowingly disclose your Personally Identifiable Information to third parties, except as provided in this Privacy Policy;
Allow you to view, correct or remove your Personally Identifiable Information; and
Take reasonable steps to protect the security of the Personally Identifiable Information we collect from you.

2. “CONSENTING TO” OR “REFUSING” ONE OR MORE TERMS AND CONDITIONS OF THIS PRIVACY POLICY

You acknowledge that this Privacy Policy is an integral part of the Website and cannot, in any way, be separated from our Terms and Conditions of Use, Terms and Conditions of Sale or from accessing, using, submitting information, or the transactional process of this Website. Accordingly, you agree to be bound by all of its terms and conditions and consent to the collection, use and disclosure of your information by 3Spoons in accordance with this Privacy Policy and as permitted or required by law. If you agree to these terms and conditions but choose not to provide us with any required Personally Identifiable Information, 3Spoons may not be able to provide you with services that can be offered on our Website.

IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, EITHER IN WHOLE OR PART, OR AT SOME POINT IN TIME DECIDE TO WITHDRAW YOUR CONSENT, YOU CANNOT ACCESS OR USE THIS WEBSITE.

3. WHAT INFORMATION DOES 3Spoons COLLECT FROM YOU

In order to better provide you with our products and services, 3Spoons collects two types of information about our users: Personally Identifiable Information and non-personally identifiable information (referred to as “Non-Personally Identifiable Information” and together collectively referred to as “Information”). Our primary goal in collecting Information from you is to provide you with a smooth, efficient, and customized experience while using the Website.

Personally Identifiable Information

This refers to information that lets us know the specifics of who you are. When you engage in certain activities on the Website, all of which are optional, we may ask you to provide us with personal information about yourself such as your real first and last name, mailing address (including zip code), delivery address (including zip code), email address (you acknowledge and agree that it is your responsibility to maintain and provide 3Spoons with a valid email address registered to you), telephone number(s), special delivery instructions, date of birth, employment information (such as your employer’s name, your job title and department) and any other Personally Identifiable Information necessary to otherwise engage in activities on the Website.

When placing and/or purchasing orders from the Website for (a) menu items selected by you (referred to as a “Menu Item” or “Menu Items”); (b) three (3) days of Menu Items for lunch, dinner or both meals, selected by 3Spoons for you (referred to as a “Meal Club Order” or “Meal Club Orders”); and/or © any other 3Spoons’ goods or services (referred to as “Other Goods or Services Offered by 3Spoons” and collectively referred to as our “Goods and Services”), you will be asked to provide valid billing information (such as your credit card information and billing address) along with any other Personally Identifiable Information necessary for its execution and fulfillment.

When registering for, creating and thereafter using an account (referred to on the Website as “My Account” but referred to in this Privacy Policy as “Your Account”) 3Spoons collects Personally Identifiable Information about our Goods and Services, including but not limited to your purchase history, pending deliveries, communication preferences and the balance of Your Account (together with any credits owed to you).

If you choose to participate in our occasional surveys or incentive programs, we also collect Personally Identifiable Information you provide in your responses to various questions.

Depending upon the activity, some of the Personally Identifiable Information we ask you to provide is identified as mandatory and some as voluntary. If you do not provide the mandatory Personally Identifiable Information with respect to a particular activity, you will not be able to engage in that activity. For example, if you do not provide us with a valid billing address, you cannot register for or use Your Account.

Non-Personally Identifiable Information

This refers to information that does not by itself identify a specific individual. 3Spoons gathers certain information about your visit to the Website in several ways and then complies and analyzes this information on both a personal and an aggregated basis. This information may include, for example, a website’s Uniform Resource Locator (referred to as a “URL”) that you came from immediately prior to visiting our Website, which URL you visit immediately after leaving the Website, what browser you are using and your Internet Protocol (referred to as an “IP Address”). An IP Address is a number that is automatically assigned to your computer (or other device) whenever you access the Internet, allowing web servers to locate and identify your computer. Computers require IP Addresses in order for users to communicate on the Internet.

4. WHERE DOES 3Spoons COLLECT INFORMATION FROM YOU AND HOW IS IT USED?

3Spoons does not collect any Personally Identifiable Information about you unless you voluntarily provide it to us. You provide certain Personally Identifiable Information to 3Spoons when you:

Register for, create and thereafter use Your Account;
Submit your credit card and billing information when purchasing Goods and Services from the Website;
Use incentive programs offered or sponsored by 3Spoons; or
Give your email address to 3Spoons, send email messages, complete and submit surveys or forms, post content in public areas of the Website, send us feedback or transmit information by telephone, letter or any other form of communication, digital or otherwise.

3Spoons may also collect Personally Identifiable Information from you at other points on the Website that state that such Personally Identifiable Information is being collected.

3Spoons may use any of the Information we collect from you for any of the following purposes: (a) to determine your eligibility to register for Your Account and purchase Goods and Services; (b) to process, execute and fulfill Goods and Services purchased by you; © to notify you about the status of Goods and Services purchased by you; (d) to customize the Website’s content, layout and improve our product and service offerings; (e) to provide you with information about important functionality changes to the Website, new services and products offered by 3Spoons, the company and to otherwise contact you when necessary; (f) to provide you with special offers we think you’ll find valuable if you have requested that we do so; (g) statistically analyze and review Website usage and operations; (h) to troubleshoot, diagnose and address problems with the Website, our business or our products and services; (i) to protect the security and integrity of the Website, our business and our customers; (j) to resolve disputes; (k) to enforce our agreements with you including but not limited to our Terms and Conditions of Use, Terms and Conditions of Sale and this Private Policy; and (l) to gather demographic information.

5. WITH WHOM DOES 3Spoons SHARE YOUR INFORMATION

3Spoons does not sell, trade or rent your Information to third parties. 3Spoons does, however, offer some of its services through arrangements with third parties. We only share Personally Identifiable Information with such third parties as is necessary for payment processing, billing purposes and delivery of Goods and Services. These third parties may include delivery companies, credit card processing companies and others. For example, 3Spoons must release your credit card and related billing information to the card-issuing bank to confirm payment for Goods and Services purchased by you; release your delivery address and any related Information to a service to transport Goods and Services purchased by you; and/or provide Information about Goods and Services purchased by you to third parties that help us provide customer service.

3Spoons may also share your Information with its members, managers, officers, directors, employees, contractors, agents, sponsors, licensors, affiliated companies, service providers, vendors, suppliers, wholesalers, retailers, distributors, partners, middlemen and other representatives (collectively referred to as “Affiliates”) for the purpose of providing services for our internal business purposes such as helping 3Spoons operate our business and the Website, or administering activities on our behalf, all subject to 3Spoons’ reasonable internal controls.

We will encourage all third party Affiliates to adopt and provide you with their privacy policies, however, the use of your Information by third parties is governed by the privacy policies of those third parties and is not subject to the control of 3Spoons.

3Spoons may also disclose your Information to third parties in certain limited circumstances, as follows: (a) as necessary if we, in good faith, believe that there has been a violation of our Terms and Conditions of Use, Terms and Conditions of Sale, the law, our rights or of the rights of any third party; (b) to respond to a judicial process; © to provide Information to law enforcement agencies; (d) to provide Information in connection with an investigation on matters related to public safety; (e) as permitted or otherwise required by law; (f) if 3Spoons or substantially all of its assets are acquired, your Information may be one of the transferred assets; and/or (g) if you have given permission to 3Spoons to do so.

6. HOW CAN YOU UPDATE OR CORRECT YOUR PERSONALLY IDENTIFIABLE INFORMATION

3Spoons believes you should have the ability to access and edit the Personally Identifiable Information that you have provided to us. You may change your Personally Identifiable Information and privacy preferences including but not limited to your name, username, password, delivery address, mailing address, email address, billing information (such as your credit card information and billing address), telephone number(s) and employment information (such as your employer’s name, your job title and department) at any time by using one of the following methods of communication:

Website: Selecting “Contact Us” from the Website’s navigation menu (located at the top of all pages within the Website) and then choosing the “My Account” heading from the list of email “Subject” options once at the “Contact Us” page

Email: Sending an email to customerservice@3spoons.com (for spam filtering purposes please include “MY ACCOUNT” in ALL CAPS in the subject line of your email)

Mail: Sending a letter delivered by first class U.S. postal mail (with postage prepaid) or overnight courier to:

3Spoons LLC ATTN: MY ACCOUNT 2948 Folsom Street San Francisco, CA 94110

Phone: Calling us at (888) 77-MEALS (888–776–3257) and then selecting the option to leave a message in the “My Account” voicemail box

If you choose to communicate with us via telephone or postal mail, please include your name, address and email address along with your specific request.

We encourage you to promptly update your Personally Identifiable Information if it changes. You may ask to have Personally Identifiable Information in Your Account deleted or removed. Please be aware, however, that because 3Spoons keeps track of past transactions placed by you from the Website, you cannot delete Personally Identifiable Information associated with such activity. In addition, it may be impossible to completely delete your Information without some residual Information remaining because of Website backups.

7. HOW CAN YOU “OPT-IN” OR “OPT-OUT” OF OUR EMAIL NEWSLETTERS, WEEKLY SPECIALS AND/OR PROMOTIONAL COMMUNICATIONS

If you wish to subscribe to our email newsletters or weekly specials from the Website, we ask only for your email address. Although you are given the opportunity to opt-out of emails to which you have previously opted-in, this does not apply to emails that are automatically generated by 3Spoons (for example, confirming the successful registration and creation of Your Account; confirming you have updated information for Your Account; new password requests for Your Account; confirming, canceling or receiving information about the status of Goods and Services purchased by you; providing you with receipts, invoices or other proof of payment; and/or reminding you about your next delivery).

Users who no longer wish to receive our newsletters or weekly specials may opt-out of receiving these communications at any time by using one of the following methods of communication:

Website: “Check” the box for “Please do not send me any emails other than those pertaining to my orders and deliveries” after logging into Your Account

Selecting “Contact Us” from the Website’s navigation menu (located at the top of all pages within the Website) and then choosing the “Opt Out Request” heading from the list of email “Subject” options once at the “Contact Us” page

Email: Sending an email to customerservice@3spoons.com (for spam filtering purposes please include “OPT OUT REQUEST” in ALL CAPS in the subject line of your email)

Phone: Calling us at (888) 77-MEALS (888–776–3257) and then selecting the option to leave a message in the “Opt Out Request” voicemail box

If you choose to communicate with us via telephone, please include your name, address and email address along with your specific request.

8. WHAT ARE YOUR CHOICES REGARDING THE COLLECTION, USE AND DISTRIBUTION OF YOUR INFORMATION

If you provide 3Spoons with any Personally Identifiable Information or you choose to receive offers, information or other communications from 3Spoons, we may, from time to time, send you email and/or direct mail about offers, information, products and services that we feel may be of interest to you. Only 3Spoons (or Affiliates working on behalf of 3Spoons) will send you these communications and only if you indicated that you do not object. If you do not want to receive such communications, simply tell us using any of the methods described in Section 7 that you no longer receive these communications.

You also have choices with respect to cookies, as described below. By modifying your browser preferences, you have the choice to accept all cookies, to be notified when a cookie is set, or to reject all cookies. It is important to note that if you choose to reject all cookies, some parts of the Website may not work properly.

9. WHAT SECURITY PRECAUTIONS ARE IN PLACE TO PROTECT AGAINST THE LOSS, MISUSE OR ALTERATION OF YOUR INFORMATION

The importance of security for all Information associated with our users is of utmost concern to 3Spoons. We use reasonable standard technology to protect the security of your Information in several ways.

Access to your Personally Identifiable Information is available to you through a password and unique username selected by you during the registration process for Your Account. Although your password is encrypted, 3Spoons recommends that you do not divulge it to anyone under any circumstances. Ultimately, you are solely responsible for maintaining the secrecy of your password and all Personally Identifiable Information associated with Your Account.

Your Personally Identifiable Information is encrypted thereby preventing unauthorized parties from viewing it when transmitted to 3Spoons.

Your Information resides on a secure server. Only select 3Spoons’ personnel and contractors who require your Information to perform a specific job are granted access to the secure server.

In order to most efficiently serve you, credit card transactions are handled by established third party banking and processing companies/agents. These established third parties only receive Personally Identifiable Information that is necessary to verify and authorize your credit card in connection with your purchase of Goods and Services.

Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure and 3Spoons cannot ensure or warrant the security of any Information you transmit to us. Accordingly, you send any and all Information at your own risk. Once 3Spoons receives the Information you transmit, we make commercially reasonable efforts to ensure the security of our systems. However, please note that this is not a guarantee that such Information may not be accessed, disclosed, altered or destroyed by breach of any of our physical, technical or managerial safeguards.

As a result, while 3Spoons strives to protect your Information, you acknowledge that: (a) there are security and privacy limitations of the Internet which are beyond our control; (b) the security, integrity and privacy of Information and data exchanged between you and 3Spoons through the Website or Internet cannot be guaranteed; and © any such Information and data may be viewed or tampered with in transit by a third party.

If 3Spoons learns of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. 3Spoons may post a notice on the Website if a security breach occurs. Depending on where you live, you may have a legal right to receive an additional notice of a security breach in writing.

10. DOES 3Spoons USE “COOKIES”

Cookies are small text files which (if you allow their use) store data on your computer’s hard drive about your visit to the Website along with your preferences which can later be retrieved to identify you to us. 3Spoons uses cookies in order to facilitate and customize your Website experience by allowing us to better understand Website usage and to improve our content and offerings to you. For example, 3Spoons may use cookies to assist us in tracking which of our features you like best and to speed up the process of logging into Your Account. Additionally, if you visit the Website more than once, cookies can enable us to personalize your experience at the Website by customizing our content according to your preferences and specific interests. However, cookies tell us nothing about you personally unless you specifically provide us with such information.

3Spoons does not use cookies to identify, monitor or track any of your Personally Identifiable Information. Our cookies in and of themselves do not contain any Personally Identifiable Information. 3Spoons also does not merge or associate information from our cookies with any Personally Identifiable Information you provide to us.

You do have choices with respect to cookies. By modifying your browser preferences, you can decide whether or not to accept all cookies, to be notified when a cookie is set or to reject all cookies. The “Help” feature on most browsers will tell you how to configure your browser to disable or manage cookies. For more information on how to change your browser settings to block or filter cookies, see http://www.cookiecentral.com/faq/.

It is, however, important to be aware that if you disable some or all cookies, some of the features on the Website may not work properly including but not limited to registering for, creating and using Your Account to purchase Goods and Services. Consequently, 3Spoons recommends that you keep cookies enabled when using our Website.

11. WHAT SHOULD YOU KNOW ABOUT PRIVACY POLICIES AND DATA COLLECTION AT ANY THIRD PARTY WEBSITES ACCESSIBLE FROM OUR WEBSITE

Except as otherwise discussed herein, this Privacy Policy only addresses the use and disclosure of Information we collect from you. Our Website may contain links to third party websites which may have data collection, use and disclosure practices that differ from our own. 3Spoons cannot control what Information is collected by third parties and how they use such Information. 3Spoons is not responsible for the policies, practices or activities that take place on any third party websites. Accordingly, we recommend that you review the privacy policy posted on any website that you may access through our Website.

12. WHAT ELSE SHOULD YOU KNOW ABOUT YOUR PRIVACY ONLINE

IF YOU ARE UNDER THE AGE OF EIGHTEEN (18) YOU CANNOT USE OR ACCESS THE WEBSITE AT ANY TIME OR IN ANY MANNER.

Protecting the privacy of children is especially important to 3Spoons. Our policy is that we do not knowingly collect, use, disclose or maintain Information from persons that are under the age of eighteen (18). If 3Spoons learns that children’s Information has been collected on or through the Website, then 3Spoons will take the appropriate steps to delete this Information.

If you are the parent or legal guardian of a child under the age of eighteen (18) who has become a user of the Website, then please immediately contact 3Spoons to have his/her Information deleted.

You should be aware that when Personally Identifiable Information or any other Information is voluntarily disclosed by you in any public area within the Website, it can be collected and used by third parties and may result, for example, in unsolicited communications. These activities are beyond the control of 3Spoons and this Privacy Policy does not apply to such Information. Accordingly, any Information submitted to public areas of the Website is accepted with the understanding that it is accessible to all third parties. Please be careful and responsible whenever you are online.

13. NOTIFICATION OF CHANGES

3Spoons reserves the right to change this Privacy Policy at any time and in its sole and exclusive discretion. Any such changes, modifications and/or alterations shall be effective immediately upon notice thereof (as reflected by the “Last Updated” date at the top of the Privacy Policy) by posting such revisions within the Website.

You acknowledge and agree that it is your responsibility to review this Website and check the Privacy Policy periodically to stay abreast of any revisions. If at some point in the future, there is a material change to our Information usage practices that affects your Information, we will notify you by email. Your continued use of the Website after such revisions shall constitute and be deemed your unconditional acceptance of the revised Privacy Policy and agreement to be bound by any future changes thereto.

IF YOU DO NOT AGREE TO BE BOUND BY THE THEN-CURRENT PRIVACY POLICY, YOUR ONLY REMEDY IS TO DISCONTINUE USING THE WEBSITE.

14. ADDITIONAL QUESTIONS AND CONTACT INFORMATION

We welcome your questions and comments about our Privacy Policy, Website practices or your use of this Website.

For questions and comments about our Privacy Policy, please contact us by using one of the following methods of communication:

Website: Selecting “Contact Us” from the Website’s navigation menu (located at the top of all pages within the Website) and then choosing the “Privacy Policy” heading from the list of email “Subject” options once at the “Contact Us” page

Email: Sending an email to customerservice@3spoons.com (for spam filtering purposes please include “PRIVACY POLICY” in ALL CAPS in the subject line of your email)

Mail: Sending a letter delivered by first class U.S. postal mail (with postage prepaid) or overnight courier to:

3Spoons LLC

ATTN: PRIVACY POLICY 2948 Folsom Street San Francisco, CA 94110

For questions and comments about our Website practices or your use of this Website, please contact us by using one of the following methods of communication:

Website: Selecting “Contact Us” from the Website’s navigation menu (located at the top of all pages within the Website) and then choosing the “General Comments” heading from the list of email “Subject” options once at the “Contact Us” page

Email: Sending an email to customerservice@3spoons.com (for spam filtering purposes please include “GENERAL COMMENTS” in ALL CAPS in the subject line of your email)