Beluga Privacy Policy

Beluga Privacy Policy

Privacy Policy - United States


Beluga Consumers


Effective: April 1, 2021


Thank you for coming to Beluga! We are excited to improve all aspects of your restaurant journey. We will help you choose the dishes and restaurants that are best for you, as well as simplify every step in the process so that you can focus on the thing that excites you the most….the food! Before you get started on our Platform, though, please read our Privacy Policy.

Beluga Technology, Inc. (“Beluga,” “we,” “us,” or “our”) is committed to protecting your privacy. This Privacy Policy (“Policy”) explains how we collect, use, disclose and protect personal information in connection with our Platform. It applies to all personal Information collected by us on https://belugatech.com and https://beluga.kitchen (the “Site” or “Sites”) and related subdomains; the Beluga mobile, tablet and other smart device applications, and any other websites that link to this Policy, as well as during any written, electronic, and oral communications (collectively, the “Services”). Beluga may collect Personal Information to help you place and receive orders and to improve the Beluga service.

This Privacy Policy does not cover or address the privacy practices of Restaurants including their authorized licensees and franchisees available on our Platform,

By accessing or using the Platform, you agree that you have read, understood and agree to our collection, storage, use and disclosure of your personal information as described in this Privacy Policy and our Terms of Use.

1. Personal Information We Collect

1.1. Data provided directly by you

Contact and profile information. When you create a Beluga Account, complete your Account profile, or otherwise communicate or interact with us, we may collect information from you, such as your name, phone number, and e-mail address. We use this contact and profile information to: (i) create and personalize your Account; (ii) communicate with you directly about the Services as well as about any questions, issues or concerns you or other users may have, (iii) manage your order, and (iv) send you marketing communications in accordance with your preferences.

Payment information. When you submit an order on Beluga, you are required to provide payment information, such as your credit card, debit card or gift card details. We use this payment information to fulfill your order, complete the transaction, and detect and prevent fraud. We do not store this data on Beluga servers.

Transaction information. When you submit an order, we collect information, including the items purchased, date and time of your transaction, special instructions, and points you accrue or rewards or promotions you redeem as part of a loyalty or rewards program. We use this transaction information to fulfill your order, update your rewards, detect and prevent fraud, personalize your experience, perform analytics/identify usage trends, and inform our advertising and marketing.

Communications, Participation and other content. We record comments and opinions you express when responding to surveys. We use all of the foregoing communications to address your questions, issues and concerns and provide other related customer support services, for safety and security purposes, to improve our Services, and for analytics. We also maintain your ratings and reviews regarding Restaurants on the Platform, which we may post for the benefit of all of our users.

Other information you provide. With your permission, we may access your photos or contact list from your mobile device, or email account to enable you to share content or promotions or invite your friends to connect with our Services, including through our friend referral program.

We may also use aggregate personal information for regulatory compliance, industry and market analysis, research, demographic profiling, marketing and advertising, and other business purposes as long as the end-product does not uniquely identify you or any other user of the Services.

1.2. Personal Information Generated and/or Automatically Collected during your use of the Platform

Information about your device and its software. Information about your device and its software includes your IP address, browser type, internet service provider, device type/model/manufacturer, operating system, date and time stamp, and a unique ID that allows us to identify your browser, mobile device, or your Account (including, for example, a persistent device identifier or an Ad ID), and other similar information. We may also work with third-party partners to employ technologies, including statistical modeling tools, that permit us to recognize and contact you across multiple devices. We use this device and software information to diagnose and fix technology problems, serve you personalized advertising, personalize your experience, perform analytics/identify usage trends, and improve our products and Services.

Information about the way you access and use our Services. Information about the way you access and use our Services includes the site from which you came and the site to which you are going when you leave. In addition, we track the pages you visit on the Platform, the links you click on the Platform, whether you open emails or click the links contained in emails that we send, other actions you take on the Services, and whether you access the Services from multiple devices. We may also use the information about the way you access and use our Services to determine products and services that may be of interest to you, to improve our products and Services, to evaluate the success of our advertising and marketing campaigns, and to send you marketing communications.

Analytics information. We may collect analytics data or use third-party analytics tools such as Google Analytics to help us measure traffic and usage trends and the demographics of our users in order to improve our Services. You can learn more about Google's practices at https://policies.google.com/technologies/partner-sites.

Location Information. In some cases, you provide your location information to us directly (e.g. when you search for Beluga restaurants). In other cases, we may collect your location through GPS, WiFi, wireless network triangulation or other methods, or we may otherwise infer your location based on other information we collect. (For example, we can approximate your location by your IP Address.) We use location information to customize content on our Services (e.g., show you the Restaurants that will deliver to your location and show you relevant Perks), facilitate order and delivery Services, detect and prevent fraud, and measure traffic and analytics on the Services. If you have previously opted into Beluga’s collection and use of location-based information through our mobile application, we may collect and store the precise location of your device when the app is running in the foreground or background of your device. You may opt-out by adjusting the settings on your mobile device. We also use the Google Maps API to gather information about your location. Google uses various technologies to determine your location, including IP address, GPS and other sensors that may, for example, provide Google with information on nearby devices, WiFi access points and cell towers (see the Google privacy policy and the Google Maps terms of service to learn more).

We typically collect the foregoing generated and/or automatically collected information through a variety of tracking technologies, including cookies, Flash objects, web beacons, embedded scripts, mobile SDKs, location-identifying technologies, and similar technology (collectively, “tracking technologies”), and we may use third-party partners or services to assist with this effort. Information we collect automatically about you or your device may be combined with other personal information we collect directly. For information about our and our third-party partners’ use of cookies and related technologies to collect information automatically, and choices you may have in relation to its collection, please see our "About Our Ads" policy.

We, or the third-party partners we use, may use the data collected automatically through tracking technologies to: (a) remember information so that you will not have to re-enter it during your visit or the next time you visit the Platform; (b) provide custom, personalized content and information; (c) identify and contact you across multiple devices; (d) provide and monitor the effectiveness of our Services; (e) perform analytics and detect usage patterns on our Services; (f) diagnose or fix technology problems; (g) detect or prevent fraud or other harmful activities, and (h) otherwise plan for and enhance our Services and for other internal purposes.

1.3. Data from other sources

Information we receive from third-party sites you connect to our Services. We may receive personal information about you from third parties and combine that with information we collect through our Platform. For example, we may obtain information when you login through a third-party social network or authentication service, such as Facebook or Google. These services will authenticate your identity and provide you the option to share certain personal information with us, which could include your name, email address, address book and contacts, or other information. Similarly, when you interact with us through a social media site or third-party service, such as when you like, follow or share Beluga content on Facebook, Twitter, or other sites, we may receive information that you permit the social network to share with third parties. The data we receive from these third-party sites is dependent upon that third party’s policies and your privacy settings on that third-party site.

Information we receive from affiliates or third parties. From time to time, we may receive information about you from our Restaurant partners, in connection with our enterprise programs, from other Beluga entities and affiliates, from co-marketing partners, service providers, and from other third parties. We may receive additional information about you, such as fraud detection information, from third party partners and combine it with other information that we have about you. We use this information from affiliates or third parties to create your Accounts, to contact you, to send you advertising or promotional materials or to personalize our Services, to protect against bot attacks and account takeovers, and to better understand the demographics of our users.

We do not control, supervise or respond to how the third parties providing your information process your personal information, and any information request regarding the disclosure of your personal information to us should be directed to such third parties.

2. How We Use Your Personal Information

In addition to the uses described above, we may collect and use personal information to:

2.1. Provide, maintain, improve and develop the Platform and Services. We may use the personal information to provide, maintain, improve and develop the Platform and Services. For example, we:

Enable you to create Accounts or otherwise access and use the Platform and Services (e.g., remember information so that you will not have to re-enter it during your visit or the next time you visit), Fulfill your requests and process payments (e.g., to allow you to order food from Restaurants and have it delivered to you, or to provide you with information that you request), Provide custom, personalized content and information (e.g. “most popular near you” and “since you enjoy” features), Perform analytics, detect activity patterns on our Platform and Services, and otherwise research usage, and Test and develop new features and functionality and otherwise enhance the Platform and Services.

2.2. Maintain the safety, stability and security of our Platform and Services. We may use the personal information to maintain the safety and security of our Platform and Services. For example, we: Detect or prevent fraud, abuse or other harmful activities, Diagnose or fix technology problems, Conduct security investigations and risk assessments, and Improve and enforce our security measures.

2.3. Communications with you to provide support and other important messages. We may use personal information to communicate important messages to you and/or to provide you with support. For example, we might send you service-related emails or messages (e.g., user Account verification, changes or updates to features of the Platform or Services, technical and security notices) and other communications from or about Beluga.

2.4. Provide, personalize, measure and improve our advertising and marketing. We may use personal information to provide, personalize, measure and improve our advertising and marketing. For example, we:

Administer rewards, surveys, sweepstakes, contests, or other promotional activities or events sponsored or managed by Beluga or its third-party partners, Inform you of products, programs, services, and promotions that we believe may be of interest to you, including, without limitation, through emails and push notifications, Permit you to refer us to your friends so that we may send them a promotional offer through the Platform. If you wish to use this feature, you may be required to provide us with, and we may use, your friend's name, email address, and other information you share with us. By using this functionality, you affirm that you are entitled to use and provide us with your friend's name and email address for this purpose. We will use that information to send an email inviting the friend to visit the Platform and for any other purposes disclosed at the time of your participation in the program, Determine the effectiveness of our Services and our promotional campaigns, and Identify and contact you across multiple devices.

2.5. Legal and regulatory requirements and proceedings. We may use the personal information in connection with legal and regulatory proceedings and requirements. For example, we may need the personal information to enforce our corporate reporting obligations, or to comply with applicable laws.

2.6. Enforce our rights. When you access or use our Platform or Services, you are bound by our Terms of Use and this Privacy Policy. To ensure you comply with them, we may use your personal information to monitor, investigate, prevent and/or mitigate violations of our Terms of Use as well as enforce our agreements with third parties and business partners.

2.7. Other purposes disclosed at the time of collection. From time to time, we may use personal information for a specific purpose not contemplated by this Privacy Policy. In such an event, we will specifically disclose that use to you.

3. Our Sharing and Disclosure of Personal Information

We disclose personal information to the following types of third parties:

3.1. Restaurant Sharing. We disclose personal information to the Restaurants you order from and third parties engaged by those Restaurants (e.g. point of sale providers or their own delivery personnel), as needed to fulfill your orders, including communicating with you about the status of your order or cancelled items. If you make a purchase from a Restaurant that offers loyalty or rewards programs through our Platform, we may disclose your personal information to the Restaurant as needed to facilitate your participation in the Restaurant’s loyalty or rewards programs, including to track points and redemptions. In some cases, you may also affirmatively opt in to share your information directly with the Restaurant as will be disclosed on the Platform.

3.2. Other Third Parties necessary to complete your order or to enable your use of the Platform and Services. In addition to Restaurants you order from, we disclose personal information to other third parties as needed to fulfill your orders, including, without limitation, delivery providers and payment processors. If you are a guest utilizing the group order feature, we also share your name and order information with the Beluga Account owner in order to complete the order.

3.3. Information provided to third parties in connection with our enterprise customers. If your company, university or organization participates in one of our enterprise programs, we may share some of your information with that organization including your name, student ID number, contact details, order history, and other information as required to enable use by you and the organization of such Services. If you are a campus user, we also share information with food service providers that operate restaurants and other food ordering and delivery services on your campus.

3.4. Service providers and contractors. We disclose personal information to third parties that provide services for us or on our behalf, such as website hosting, data analysis, infrastructure provisioning, IT services, customer service, email delivery services, fraud detection, security monitoring, advertising and marketing, and other similar services.

3.5. Analytics providers. We share personal information with third-party analytics providers to better understand the demographics of our users and visitors, and to personalize, enhance and improve our Platform and Services.

3.6. Advertising, Marketing and Promotions providers. We share personal information with third parties in connection with co-marketing activities, the development of customized and targeted marketing campaigns, to launch promotions and for other similar advertising efforts. For example:

Promotional partners. We disclose personal information to third-party sponsors of promotions to provide contests, sweepstakes, joint promotional activities or co-branded services, and such disclosure is necessary to fulfil your request or application. You should carefully review the rules and/or terms of each promotion in which you participate, as the promotion may contain additional important information about our, a sponsor's, and/or other third parties' use of your personal information. To the extent that the rules or terms of those promotions concerning the treatment of your personal information conflict with this Privacy Policy, the rules of those promotions will control. Ad networks and advertising partners. We work with third-party Ad Networks and Advertising Partners to deliver advertising and personalized content to you on our Platform and Services, on other sites and services you may use, and across other devices you may use. These parties may collect information directly from your browser or device when you visit the Platform through cookies or other tracking technologies. This collected information is used to provide and inform targeted advertising, as well as to provide advertising-related services such as reporting, attribution, analytics and market research. Please see our About Our Ads policy. Social networks. We disclose personal information, such as a unique identifier, hashed email address, or information automatically collected through tracking technologies, to social networks for the purpose of displaying personalized advertising and content on those social networks. Select restaurants and brands. We disclose personal information to select Restaurants and brands from which you have placed orders through the Platform as well as their affiliates and third-party service providers. These Restaurants, brands, and their affiliates, may use your information as permitted by their own privacy policies, which could include sending you marketing communications and other promotional content.

3.7. Affiliate Sharing. We share your personal information with other companies owned or controlled by Beluga Holdings Inc., and other companies owned by or under common ownership as Beluga Holdings Inc., which also includes our subsidiaries (i.e., any organization we own or control) or our ultimate holding company (i.e., any organization that owns or controls us) and any subsidiaries it owns, for operational or business purposes or as otherwise described in this Privacy Policy.

3.8. Public. We make available through the Services certain features which may enable you to post information and materials, for example, ratings and reviews, photo uploads, and chat functionality. Please note that any information you provide in connection with such Services may be available to site visitors and to the general public. Please do not disclose your personal information in these public or interactive areas on the Services, and we urge you to exercise discretion and caution when deciding to disclose any other information and/or materials in these public or interactive areas on the Services.

3.9. Business Transaction or Reorganization. We may take part in or be involved with a corporate business transaction, such as a merger, acquisition, joint venture, or financing or sale of all or a portion of company assets. We may disclose personal information to a third party during negotiation of, in connection with or as an asset in such a corporate business transaction. Personal information may also be disclosed in the event of insolvency, bankruptcy, or receivership.

3.10. Legal Obligations and Rights. We disclose personal information to third parties, such as legal advisors and law enforcement, as required by law or subpoena or if we reasonably believe that such action is necessary to (a) comply with the law and the reasonable requests of law enforcement; (b) enforce our Terms of Use or to protect the security or integrity of our Services; (c) detect, suppress or prevent fraud or reduce credit risk and collect debts owed to us; and/or (d) exercise or protect the rights, property, or personal safety of Beluga, our visitors, or others.

3.11. Consent. We may disclose personal information about you to other third parties with your consent.

4. Control Over Your Personal Information

Profile Settings. You may update your profile information in the “Your Account” section of the Services.

Access to your Device Information and Push Notifications. You may control access to your device information or opt out of push notifications through your “Settings” app on your device. For instance, you can withdraw permission for the app to access your location data through your device settings, though we may continue to approximate your location based on your IP address or through other means.

How to control your communications preferences. You can stop receiving promotional email communications by clicking on the “unsubscribe link” provided in such communications. You may not opt out of service-related communications (e.g., Account verification, transactional communications, changes/updates to features of the services, technical and security notices). You may also unsubscribe from receiving certain order-related text (SMS) or multimedia (MMS) messages by replying "STOP" to the number sending the message. Please see our Terms of Use for more information on communications from or on behalf of Beluga.

To learn more about how you may control your advertising choices, please see our About Our Ads policy.

5. How We Store and Protect Your Information

Data storage and transfer. Your information collected through our Service is stored and processed in the United States. If you create an Account on the Platform as a visitor from outside the United States, by using and/or accessing the Platform or Services, you agree to this Privacy Policy and consent to the collection, transfer, storage, and processing of your information to and in the United States. If you are located in the European Union or other regions with laws governing data collection and use that may differ from U.S. law, please note that we may transfer information, including personal information, to a country and jurisdiction that does not have the same data protection laws as your jurisdiction.

Keeping your information safe. We care about the security of your information and employ physical, administrative, and technological safeguards designed to preserve the integrity and security of all information collected through our Service. However, no security system is impenetrable and we cannot guarantee the security of our systems. Please recognize that protecting your personal information is also your responsibility. Accordingly, we strongly recommend that you change your passwords often, use a combination of letters and numbers, make sure you use a secure browser, and otherwise take precautions when communicating your personal information on the internet. If you know or have reason to believe that your Account credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your Account, please contact us following the instructions in the Contact Us section below.

6. Children’s Personal Information

Our websites and online Services are not directed to, and we do not intend to, or knowingly, collect or solicit personal information from children under the age of 13. In the event that we learn that we have inadvertently collected personal information from a child under age 13, we will delete that information as quickly as possible. If you have a basis for believing that we have any information from a child under 13, please contact us at privacy@belugatech.com.

7. Third-Party Websites

Our websites and online Services may include links to third-party websites, plug-ins and applications. Except where we post, link to or expressly adopt or refer to this Privacy Policy, this Privacy Policy does not apply to, and we are not responsible for, any personal information practices of third-party websites and online services or the practices of other third parties. To learn about the personal information practices of third parties, please visit their respective privacy notices.

8. Region Specific Disclosures

We may choose or be required by law to provide different or additional disclosures relating to the processing of personal information about residents of certain countries, regions or states. Please refer below for disclosures that may be applicable to you:

California. If you are a resident of the State of California in the United States, please click here for additional California-specific privacy disclosures. Nevada. If you are a resident of the State of Nevada, Chapter 603A of the Nevada Revised Statutes permits a Nevada resident to opt-out of future sales of certain covered information that a website operator has collected or will collect. To submit such a request, please contact us at privacy@belugatech.com with the subject line “Nevada opt-out.” 9. Updates to This Privacy Policy We will update this Privacy Policy from time to time. When we make changes to this Privacy Policy, we will change the "Effective" date at the beginning of this Privacy Policy. If we make material changes to this Privacy Policy, we will notify you by email to your registered email address, by prominent posting on this website or our online Services, or through other appropriate communication channels. All changes shall be effective from the date of publication unless otherwise provided. If you do not cancel your Account before the date the revised Privacy Policy becomes effective, your continued access to or use of the Platform and/or Services will be subject to the revised Privacy Policy.

10. Contact Us

If you have any questions or requests in connection with this Privacy Policy or other privacy-related matters, please send an email to privacy@belugatech.com.

Alternatively, inquiries may be addressed to:

Beluga Holdings Inc.
Attention: Privacy Team
555 Bryant Street 357
Palo Alto, CA 94301

Please note that email communications will not necessarily be secure; accordingly, please do not include credit card information and/or other sensitive personal information in your email correspondence with us.

Beluga Privacy Policy (Backup)
Privacy Policy - United States
Beluga Consumers
Effective Date: April 1, 2021

Beluga Technology, Inc. (“Beluga,” “we,” “us,” or “our”) is committed to protecting your privacy. This Privacy Policy (“Policy”) explains how we collect, use, disclose and protect Personal Information (as it is defined below) of our customers and users. It applies to all Personal Information collected by us on https://belugatech.com and https://beluga.kitchen (the “Site” or “Sites”), the Beluga mobile applications, and any other websites or mobile applications that link to this Policy, as well as during any written, electronic, and oral communications (collectively, the “Services”). Beluga may collect Personal Information to help you place and receive orders and to improve the Beluga service.

Your access to and use of our Services are subject to our Terms and Conditions, which define some of the terms used throughout this Policy. Please make sure that you have carefully read and understand the Terms and Conditions before you use our Services. By using our Services, you accept the Terms and Conditions, and accept our privacy practices described in this Policy. If you do not feel comfortable with any part of this Policy or our Terms and Conditions, you must not use or access our Services.

Our Services may change from time to time. As a result, we reserve the right to update or modify this Policy at any time and from time to time without prior notice. If we make any material changes to the way we process your Personal Information, we will notify you before such changes are effective. If you object to any changes, you must cease using our Services. We recommend you review this Policy periodically. This Policy became effective on the date indicated at the top of this page. Your continued use of our Services after any changes or revisions to this Policy indicates your agreement to the terms of the revised Policy.

1. Collection of Personal Information

When you use our Services, we may collect or receive Personal Information about you to provide our services and operate our business. The types of Personal Information that we may collect about you are:

a. Information You Provide to Us Directly You may provide your Personal Information to us when you use our Services, including when you register with Beluga, search within or place orders through our Services, contact us with inquiries, respond to surveys, or otherwise access our Services. This information may include: User Profile – We collect profile information associated with your Customer Beluga account. This includes information such as name, email address, and phone number. Order Details – When you place an order through our Services we collect information related to that order. This may include information such as restaurant name, items purchased, special instructions, date and time of order, and subtotal. Payment Information – Payment information collected such as bank name and payment method. Surveys – Our customers and users will be able to participate in surveys about their experiences. When a customer or a user participates, we will know Personal Information such as name and email address.

b. Information Received From You as Part of Your Communications When you use our Services (for example on our Site), complete electronic forms, contact us by online chat, email, phone or text, we may automatically collect and store certain information about you and the activity you engaged in, for example: your name and contact information; your order details; information that you voluntarily provide to us; the nature of your communication; the purpose of the interaction, and the action we took in response to your inquiry or request.

c. Information Collected Automatically We also may receive and store certain information about you and your device(s) automatically when you access or use our Site and Services. This information may include:

Technical Information – We collect technical information associated with your activity on our Site and may include information related to your browser and operating system, IP address (the Internet address of your computer) unique device identifiers, and other information such as your device type. We use such information for diagnostic and statistical purposes and to administer our Services.

Site Usage Information – We collect information to better understand customer traffic patterns and Site usage. This may include the webpage that you were visiting before accessing our Site or mobile application, the pages or features of our Site or mobile application that you browsed to inform us which part of our Site, app and Services you visit and how much time you spend there. This information is used to analyze and improve our Site and to provide our customers with a better user experience.

Site Preferences – We collect information about your preferences to make your use of the Site more productive through the use of cookies.

d. Location Information When you use the Services, we may collect and store general location information (such as IP address). If you permit the Services to access location services through the permission system used by your mobile operating system (“Platform”) or browser, we may also collect and store the precise location of your device when the Beluga app is running in the foreground or background of your device. This information may be used to recommend restaurants and to enhance your user experience and improve the services. You can choose whether to enable the location tracking feature through the settings on your device or Platform or when prompted by the Beluga mobile app.

e. Information Related to the Referral Program Beluga allows users to invite friends and family to sign up for our Services. Sometimes we offer a promotional value for every friend or family member who signs up and places an order through your referral link. To help you do this, we may request you to grant us access to your mobile device address book. You can then direct us to send referral emails to contacts you select in your address book. By sending a referral, you also consent to Beluga sending your public profile image to the contacts you select to receive a referral link. By choosing to invite a friend you represent that you have received the friend’s consent to provide his or her name and email address with us. Beluga will use that information to send an email inviting him or her to visit the site and will store that information to track the success of the referral program and may send marketing emails. You can also send an SMS with a referral link to your contacts. If you use this option, you understand that Beluga does not control the timing, content, or recipients of these SMS messages.

Users may not send, publish, or share any false, misleading, or deceptive communications in connection with participation in the Referral Program. Such actions may violate various federal, state, and/or international laws, including, but not limited to, the regulations and policies promulgated by the Federal Trade Commission. Users may not send any referral emails, SMS messages, or other communications to children under the age of 13.

If you are referred to Beluga through one of our referral programs, or if someone attempts to refer you, we may share your name, whether you have already signed up for Beluga, whether you are a new customer, and whether you have placed a qualifying order with Beluga with the person(s) who referred you.

f. Personal Information from Publicly Available Sources and Third Parties We may collect or receive Personal Information about you from publicly available sources, social network providers, marketing partners, and/or third parties. This may include:

Social Network Information – We may receive information about you from other services. For example, we receive certain information from Facebook when you use their service to login to Beluga.

Demographic Information – This characteristic information could include information such as income, marital status, spending habits, and other information pertaining to customers.

2. Use of Cookies and Other Tracking Technologies

We use cookies, web beacons, pixels, session replay/screen capture, and similar technologies to collect information and personalize your experience with our Services. When we use session replay technology, we may collect on a real-time basis information on how you use and navigate the Services. This may include mouse movements and how you scroll through the Services, but we do not collect keystroke data. Additional information on other technologies we may use is set forth below.

a. Cookies Cookies are small web files that a site or its provider transfers to your device’s hard drive through your web browser that enables the site’s or provider’s system to recognize your browser and remember certain information.

How We Use Cookies – We use first-party and third-party cookies for the following purposes: to make our Services function properly; to improve our Services; to recognize you when you return to Beluga and to remember information you have already provided, such as items already in your order cart; to collect information about your activities over time and across third party websites or other online services in order to deliver content and advertising tailored to your interests; and to provide a secure browsing experience during your use of our Services.

How to Manage Cookies – You may disable the use of cookies by modifying your browser settings. If you choose to disable cookies you may not be able to fully experience the interactive features of our Services. For more information on cookies and how to disable cookies visit https://www.ftc.gov/site-information/privacy-policy/internet-cookies or https://www.usa.gov/optout-instructions.

b. Web Beacons

Web beacons, also known as web bugs, pixel tags or clear GIFs, are tiny graphics with a unique identifier that may be included on our Site to deliver or communicate with cookies, in order to track and measure the performance of our Site and Services, monitor how many web visitors we have, and to monitor the effectiveness of our advertising. Unlike cookies, which are stored on the user’s hard drive, web beacons are typically embedded invisibly on webpages (or in an email).

c. Online Analytics and Advertising Technologies We and our third-party vendors may use automated technologies (including cookie identifiers on our Site), along with other collected information, to tailor ads or deliver content when you are on our Services or on other devices, apps or websites.

d. Interest-Based Advertising

We (or our service providers) may use the information we collect, for instance, IP addresses and unique mobile device identifiers, to locate or try to locate the same unique users across multiple browsers or devices (such as smartphones, tablets, or computers), or work with providers that do this, in order to better tailor content and features and provide you with a seamless experience across devices. If you wish to opt out of cross device tracking for purposes of interest-based advertising, you may do so through your device settings. We may also use cross-device targeting to help identify our users and serve advertising. This type of advertising is often called “interest-based” or “personalized” advertising—and when it occurs on mobile apps, “cross-app” advertising.

You can learn more about interest-based advertising and how to opt-out of receiving tailored advertising by visiting (i) the Network Advertising Initiative’s Consumer Opt-Out link or (ii) the Digital Advertising Alliance’s Consumer Opt-Out link. To opt out of Google Analytics for display advertising or customize Google display network ads, you can visit the Google Ads Settings page.

Please note that even if you opt-out, you may still receive advertisements from us. However, in that case, the advertising will not be tailored to your interests. Also, we do not control any of the above opt-out links or whether any particular company chooses to participate in these opt-out programs.

e. Mobile Applications

Depending on your permissions, we may receive your Personal Information from your Internet service and mobile device providers. Users of mobile devices who do not want to receive interest-based advertising may opt-out in several ways. Learn more about your choices for mobile devices by visiting https://youradchoices.com/appchoices. Each operating system, (iOS for Apple phones, Android for Android devices, and Windows for Microsoft devices) provides its own instructions on how to prevent the delivery of tailored in-application advertisements. You should view your device or system “Settings” to determine how you can opt out of use of your device ID for “cross-app” personalized advertising.

3. Use of Your Personal Information

We may use the information we collect or receive about you for various purposes.

a. To Provide You With the Services

We use your information to provide you the Services. For example, we use credit card information to complete a transaction or an address to allow the Dasher to fulfill your delivery. If the applicable information is to be provided or Service is to be performed by a third party, then we will disclose the applicable Personal Information to the third party providing the information or performing applicable Services. Your information may be available or provided to third-party service providers and that are contractually obligated to protect your information as disclosed in this Policy.

b. To Maintain, Improve, and Personalize the Services

We use your information for our everyday business operations such as auditing, administration of the Services, forum management, fulfillment, and analytics. Your information may also be used to improve the content and/or functionality of the Services. We may use your information to help us improve offerings for Beluga and/or our Merchants. We also use your information to personalize your experience. For example, we may personalize the content and features you see when visiting our Services. In addition, we may personalize advertisements, marketing communications, and recommendations to make them more tailored to your interests.

c. To Communicate with You

We use your information to communicate with you. For example, we may send you text messages or other notifications about the status of your orders and deliveries. We may also contact you with promotional offerings or other communications that may be of interest to you. If we send you marketing emails about services that may interest you, each email will contain instructions permitting you to “opt-out” of receiving future email marketing communications.

In the event you contact us, we use certain information to respond to your questions and assist you with any issues that may arise in your use of the Services. If you send text messages to a Dasher, using the telephone number for that Dasher available on the Services, we may use a third-party service provider to track and analyze these text messages. We track these text messages for fraud prevention, to ensure appropriate charging of fees, to enforce our Terms and Conditions, and for quality and training purposes. As part of this process, Beluga and its service provider will receive in real time and store data about your text message, including the date and time of the text message, your phone number, and the content of the text message. You will not be able to opt out of transactional text messages between you and Dashers.

d. For Account and Network Security Purposes

We care about keeping you secure and safe while using our Services. Keeping you safe requires us to process your Personal Information, such as your device information, activity information and other relevant information. We use such information to combat spam, malware, malicious activity or security risks; improve and enforce our security measures; and to monitor and verify your identity so that unauthorized users do not gain access to your information.

e. To Maintain Legal and Regulatory Compliance

Our Services are subject to certain laws and regulations which may require us to process your Personal Information. For example, we process your Personal Information to pay our taxes, to fulfill our business obligations, ensure compliance with employment and recruitment laws or as necessary to manage risk as required under applicable law.

f. To Enforce Compliance with Our Terms and Conditions and Policies

When you access or use our Services, you are bound to our Terms and Conditions and this Policy. To ensure you comply with them, we process your Personal Information by actively monitoring, investigating, preventing and mitigating any alleged or actual prohibited, illicit or illegal activities on our Services. We also process your Personal Information to: investigate, prevent or mitigate violations of our internal terms, agreements or policies; enforce our agreements with third parties and business partners.

g. To Protect You, Others, and Our Business

We use your information to protect you, others, and our business, including, without limitation, using information for fraud prevention, for enforcement of our Terms of Service, to comply with the law, and to protect against security risks.

h. For Our Business Purposes

We may use your information for any other purpose disclosed to you at the time we collect or receive the information, or otherwise with your consent.

4. Sharing of Personal Information with Third Parties

We share your Personal Information as described below.

a. Service Providers

We may share your information with our third-party service providers for certain business purposes. This information is provided in order for them to provide us services such as payment processing, advertising services, marketing partners, web analytics, data processing, IT services, customer support and other services. These third-party service providers have access to your Personal Information only for the purpose of performing services on our behalf and are expressly obligated not to disclose or use your Personal Information for any other purpose.

b. Dashers and Merchants

To help provide you with a high-quality delivery we also may share your information, including your Personal Information and order details, with the Dashers who complete your requested deliveries. Similarly, we may share information with Merchants to facilitate deliveries such as your first name and last initial and order information related to your orders with Beluga merchants.

c. Related Entities

We may share your information with our affiliates (entities that control or are under the control of Beluga) for business purposes. We will require these entities to comply with the terms of this Policy with regard to their use of your information.

For purposes of clarity, Beluga may share certain functionalities such as a uniform login experience where users of both applications will need to use a single username and password.

d. When Required by Law

We recognize that information related to your orders could contain private information. However, we may be required to disclose your information to third parties including law enforcement agencies when required to protect and defend our legal rights, protect the safety and security of users of our Services, prevent fraud, comply with the law, respond to legal process, or a request for cooperation by a government entity. We have developed a process that strikes a balance between protecting customer privacy and responding to valid law enforcement requests that can be found at https://beluga.kitchen/help.

e. Corporate Transactions

In the event of sale, transfer, merger, reorganization, dissolution, or similar event we may transfer your information to one or more third parties as part of that transaction, including during the negotiation of an actual or contemplated transaction.

f. With Your Consent

We also may share or disclose your information with your consent or at your direction.

5. Security

Beluga has implemented administrative, technical, and physical security controls that are designed to safeguard Personal Information. However, no online activity is ever fully secure or error-free. While we strive to protect your information, we cannot guarantee that your Personal Information is absolutely secure. Please keep this in mind when disclosing any information to Beluga.

Please recognize that protecting your Personal Information is also your responsibility. We urge you to take every precaution to protect your information when you are on the Internet, or when you communicate with us and with others through the Internet. Change your passwords often, use a combination of letters and numbers, and make sure you use a secure browser. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of your account might have been compromised), or if you suspect someone else is using your account, please let us know immediately by contacting us as indicated in the Contact Us section below.

6. Data Retention

We will retain your Personal Information for as long as your account is active or as needed to provide you services and to maintain a record of your transactions for financial reporting purposes. We will also retain and use your Personal Information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

7. Third-Party Sites

Some of the functionality may be provided by third parties and the Services may link to other third-party websites that are not controlled by Beluga. These third parties are not under our control and Beluga is not responsible for their privacy policies or practices. If you provide any Personal Information to any third party or through any such third-party website, we recommend that you familiarize yourself with the privacy policies and practices of that third party.

8. Social Media Usage

You may choose to enable or log in to our Services via various online services, including social networking services like Facebook and Google. Our Services also may enable you to access social networking services such as Facebook, Twitter, or Instagram (collectively, “Social Network”) directly or indirectly through our Services.

When you link a Social Network account to Beluga or log into our Services using your Social Network account, we may collect relevant Personal Information necessary to enable our Services to access that Social Network and your information contained within that Social Network. We also may share your information with the operator of that Social Network to facilitate or enhance delivery of that Social Network or other services to you. A Social Network may provide us with access to certain information that you have provided to them, and we will use, store, and disclose such information in accordance with this Policy. Additionally, a Social Network may collect Personal Information and information about your use of our Site or Services automatically. The manner in which a Social Network collects, uses, stores, and discloses your information is governed by the policies of such third parties and Beluga shall have no liability or responsibility for the privacy practices or other actions of any Social Network that may be enabled within our Services.

You may also have the option of posting your activities on our Services and other content to a Social Network when you access content through our Services. For example, you may post to Facebook that you placed an order with Beluga. Keep in mind that your usage of Social Network features is governed by applicable Social Networks and not by Beluga, and may be visible or accessible to the public.

9. Children’s Information

Our Services are not intended for children under 13 years of age and we do not knowingly collect Personal Information from children under the age of 13. If you are a parent or guardian of a child under the age of 13 and believe he or she has disclosed personally identifiable information to us please contact us at privacy@belugatech.com. A parent or guardian of a child under age 13 may review and request deletion of the child’s Personal Information.

10. Your Choices

We provide our customers and their authorized agents with the ability to access and delete Personal Information. In order to exercise these rights you must login to your account to confirm your identity, which helps us ensure that Personal Information is only made accessible to appropriate parties. Customers will not receive discriminatory treatment for exercising their rights and can return to the service after deleting their information.

a. Your Rights

This section lists the privacy-related rights (“Rights”) we extend to all Beluga customers. Your right to know and right to deletion are not absolute and are subject to certain exceptions. For instance, we cannot disclose specific pieces of Personal Information if the disclosure would create a substantial, articulable, and unreasonable risk to the security of the Personal Information, your account with us or the security of our systems.

Right to Know – You have the right to know the Personal Information we collect, use, disclose, and sell about you. Right to Deletion – You have the right to request that we delete any Personal Information we have collected from you or maintain about you. We may save Personal Information when permitted by applicable law including, without limitation, when the information is needed for a legal purpose. If you are a California consumer, we may retain your Personal Information as necessary to: (1) complete the transaction for which the personal information was collected, provide a good or service requested by you, or reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform a contract between Beluga and you; (2) detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for that activity; (3) debug to identify and repair errors that impair existing intended functionality; (4) exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law; (5) comply with the California Electronic Communications Privacy Act pursuant to Chapter 3.6 (commencing with Section 1546) of Title 12 of Part 2 of the Penal Code; (6) engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when Beluga’s deletion of the information is likely to render impossible or seriously impair the achievement of such research, if you have provided informed consent; (7) to enable solely internal uses that are reasonably aligned with the expectations of you based on your relationship with Beluga; (8) to comply with a legal obligation; or (9) to otherwise use your personal information, internally, in a lawful manner that is compatible with the context in which you provided the information. Right to Rectification – If you are a registered Beluga user you may modify certain of your Personal Information by logging into our Site using your username and password and visiting the “Account” page. Registered Beluga users may also access the “Account” page to manage their subscriptions. Right to Opt-Out of the Sale of Your Personal Information – You have the right to opt-out of having your Personal Information sold. The California Privacy Rights Act (“CPRA”) amends the California Consumer Privacy Act to broadly define “sale” in a way that may include allowing third parties to receive certain information such as cookie identifiers, IP addresses and/or browsing behavior to add to a profile about your device, browser or you. Such profiles may enable delivery of interest-based advertising by such third parties within their platform or on other sites. Depending on how you use the Services, we may share the following categories of information for such interest-based advertising which may be considered a sale (as defined by the CPRA): (1) device information and identifiers, such as IP address and unique advertising identifiers and cookies; and (2) connection and usage information, such as browsing history or app usage. Although this obligation of the CPRA does not become effective until January 1, 2023, you may opt out of such tracking technologies by following the instructions in Section 2 above. Right to Non-Discrimination – Beluga will not discriminate against those who exercise their Rights. Specifically, if you exercise your Rights, we will not deny you goods or Services, charge you different prices or rates for goods or Services or provide you a different level or quality of goods or Services. b. Asserting Your Rights

If you have a Beluga account, you may exercise your right to know or your right to deletion. To verify your identity, you must log-in to your account prior to accessing or deleting your information.

If you do not have a Beluga account, you may exercise your right to know or your right to deletion by emailing your request to us at privacy@belugatech.com from the email address that you believe is associated with Beluga, with the subject line “Non-user Data Request” or calling us at 855-973-1040. For safety and to otherwise prevent fraud, we may ask that you provide us with certain personal information that’s reasonably necessary for us to confirm your identity.

You may also designate an authorized agent to make a request to know or a request to delete. In order to be able to act, authorized agents have to submit written proof that they are authorized to act on your behalf, or have a power of attorney. We may deny requests from authorized agents who do not submit proof that they have been authorized by you to act on their behalf.

11. California Residents

Pursuant to the California Consumer Privacy Act of 2018, below is a summary of the Personal Information we collected from consumers, the reason we collected the Personal Information, where we obtained the Personal Information we collected, and the third parties with whom we may share consumer Personal Information. The section references relate to the sections above in this Policy.

As described further in our Privacy Policy, in the preceding twelve months, we or our service providers may have collected the below categories of personal information for business or commercial purposes:

Identifiers such as a name, address, unique personal identifier, email, phone number; Customer records such as signature; Commercial information such as records of products or services purchased, obtained, or considered; Internet or other electronic network activity information, including browsing history and search history; Geolocation data that is sufficient to identify a precise physical location; Sensory data, such as audio, electronic, visual, or other similar information; Professional or employment-related information; Education information; and Inferences about preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes. We collect the categories of personal information identified above from the following sources: (1) directly from you; (2) through your use of the Services; (3) affiliates; and (4) third parties such as information received from our referral program, social networking services, publicly available sources, and marketing partners.

As explained above, we collect the categories of personal information identified above for the following business and commercial purposes:

To provide you with the Services; To maintain, improve, and personalize the Services; To communicate with you; For account and network security purposes; To maintain legal and regulatory compliance; To enforce compliance with our Terms and Conditions and this Policy; To protect you, others, and our business; and For our business purposes disclosed to you at the time we collect or receive the information, or otherwise with your consent. We describe our information sharing practices in the Privacy Policy above. In the previous twelve months, we may have shared certain categories of personal information with third parties, as that term is defined in the California Consumer Privacy Act, for business purposes. We may have shared your personal information with a merchant if you expressly directed us to do so. The information shared may include the following categories of personal information: (1) identifiers, such as a name and email address; and (2) commercial information, such as your history of orders from that merchant. We may have also enabled third parties that provide paid analytics and advertising services to us to place tracking technologies on our website. These providers may have been able to access the following categories of personal information: (1) device information and identifiers, such as IP address and unique advertising identifiers and cookies; and (2) connection and usage information, such as browsing history or app usage. You can opt out of such tracking technologies by following the instructions in Section 2 above.

Do Not Track Disclosure. Beluga does not have a mechanism in place for responding to browser “do not track” signals or other similar mechanisms used to limit collection of information for use in Online Behavioral Advertising.

12. Nevada Residents

Under Nevada law, certain Nevada consumers may opt out of the sale of “personally identifiable information” for monetary consideration to a person that person to license or sell such information to additional persons. “Personally identifiable information” includes first and last name, address, email address, phone number, Social Security Number, or an identifier that allows a specific person to be contacted either physically or online. We do not engage in such activity; however, if you are a Nevada resident who has purchased or leased goods or services from us, you may submit a request to opt out of any potential future sales under Nevada law by contacting privacy@belugatech.com. Please note we will take reasonable steps to verify your identity and the authenticity of the request. Once verified, we will maintain your request in the event our practices change.

13. International Users

Beluga is based in the United States and, regardless of where you use our Services, the information collected as part of that use will be transferred to and maintained on servers located in the United States. Any information we obtain about you will be stored in accordance with U.S. privacy laws, regulations, and standards, which may not be equivalent to the laws in your country of residence. By using our Services, you consent to this collection, transfer, storage, and processing of information to and in the United States.

14. Contact Us

If you have any questions or concerns relating to this Policy or our privacy practices please contact us at: privacy@belugatech.com or:

Beluga, Inc.
303 2nd St, Suite 800
San Francisco, CA 94107

Help Form: https://beluga.kitchen/help