Diner Privacy Policy

Last updated: June 24, 2025

Chowly, Inc. and its affiliates (referred to as “Company,” “we,” “us” or “our”) respects your privacy and is committed to protecting your privacy online. The purpose of this document (the “Privacy Policy”) is to explain to you how we use information that we have collected from and about you. If, after reviewing the Privacy Policy, you have questions about the types of information we collect, how we use it, or similar issues, please contact us at notices@chowly.com.

This Privacy Policy applies to the Company’s services (“the Services”) relating to the orders you place with Merchants, Merchant information you sign-up to receive, or viewing Merchant information. “Merchants” are restaurants and other food and beverage providers that utilize Chowly’s services. The Privacy Policy does not apply to the practices of other companies that Chowly does not own or control nor does it apply to information of any kind provided to the Company by advertisers or other business partners. Links to other websites are governed by their own policies.

If this Privacy Policy is not acceptable to you, you should discontinue using the Services.

The Privacy Policy will let you know:

1. What information do we collect from or about you?

In this Policy, we refer to two types of user information: Personally Identifiable Information (sometimes referred to as “PII”) and non-Personally Identifiable Information.

Personally Identifiable Information refers to any information that can be used to uniquely identify, contact, or locate you. Examples of Personally Identifiable Information include a name, physical address, e-mail address or telephone number.

Chowly collects only the PII that you voluntarily provide to us, such as when you use place orders via Merchants. Before placing your order, you will be asked to provide your payment information for billing purposes.

You might also be asked for, or choose to provide, additional information about yourself that does not, itself, specifically identify you. This is non-Personally Identifiable Information. However, some information of this kind, such as your delivery location and food or beverage preferences, may be required (or merely requested) when you use for the Services, and may be associated with your PII.

Chowly may also automatically collect other types of non-Personally Identifiable Information as you use the Services, including technical information (such as your internet protocol (“IP”) address, mobile device ID, or browser type) and usage information (such as location data, preferred language, the parts of the Services you have visited, which links you have clicked and other information about how you interact with the Services). This information is anonymous, and is not associated with your PII, although it may be associated with other pieces of anonymous information about you.

2. What do we use your information for?

Your Personally Identifiable Information may be used in one of the following ways:

Non-Personally Identifiable Information may be used in one of the following ways:

3. Do we disclose any information to other parties?

Chowly does not sell or trade your Personally Identifiable Information to outside parties. We will disclose your Personally Identifiable Information to restaurants and other food and beverage providers that fulfill your order, and independent third-party contractors that deliver your order We may disclose your Personally Identifiable Information to vendors who help us conduct our business or provide the Services to you, such as credit card processors, customer service centers, or e-mail marketing providers. All such partners are bound to keep your information confidential.

We may disclose Personally Identifiable Information, including to local, state, or federal law enforcement officials, when we believe in good faith that the law requires such action, or when required to do so by order of a court or other compulsory legal or regulatory process. We may also share Personally Identifiable Information to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, or to prevent harm to the Plug-in.

We may transfer your Personally Identifiable Information if we are acquired by or merge with another company. We will notify you in accordance with the procedures contained in this Privacy Policy if your information will become subject to a different privacy policy.

We may use or distribute information about you and your use of the Services in ways that do not reveal Personally Identifiable Information. For example, we may provide anonymous usage data or summary characteristics of our users to potential partners and advertisers.

4. How secure is your personal information?

The security of our user data is very important to us. We store your information securely, using industry- compliant encryption technology (TLS 1.2 encryption) that is consistent and up-to-date with PCI Data Security Standards. When you enter sensitive information (such as a credit card number) on our web forms, we encrypt the transmission of that information using secure socket layer technology (SSL).

5. How long do we retain your information?

The retention period of collected information depends on the type of information and the reasons why we collect it.

Your user information is retained while you continue to use the Services, unless you request us to delete the information in which case some information may still be retained for a reasonable time. We may also retain some information we believe in good faith is necessary for legal and regulatory compliance, research and development, business matters, and improvement of our Services, in which case we would anonymize and encrypt such information until complete deletion. Further, some information may be retained if it is contained in deleted emails or electronic documents which are archived by Chowly in compliance with our standard archival processes but which, in the ordinary course of operations, are not accessible by the individuals who created or received such emails or documents.

If you request us to delete your information, some of the information you shared through the Services may still be accessible by those with whom you shared it.

6. Do we use cookies or other forms of tracking?

Cookies are small files that a website or one of its service providers transfers to your computer’s storage device via your Web browser (if your browser is configured to permit this) that enable its systems to recognize your browser and store certain information. We use “cookies” to collect information and improve our Services. We may use “persistent cookies” to save your user ID and password for future logins to the Service. We may use “session ID cookies” to enable certain features of the Service, to better understand how you interact with the Service and to monitor aggregate usage and web traffic routing on the Service.

Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to your computer, and can only be read by a web server of the website that issued the cookie to you.

Depending on your web browser, you may have the ability to accept or decline cookies. Most web browsers default to accept cookies but enable you to configure settings to decline them. For further information about disabling cookies you can visit www.allaboutcookies.org. If you choose to decline cookies, you may not be able to sign in or use other features of the Services that depend on cookies.

Merchants may integrate with tools made available by social media companies such as Facebook and Twitter, in order to offer social features such as content sharing. These companies may use cookies or other tracking technologies to recognize you when you use their tools in the future.

Chowly maintains internal logs of usage of the Services. Logs include information such as IP address, browser type and version, computer processing speed, connection speed, clickstream data, and computer operating system. Chowly uses logs mainly for internal systems administration and diagnostic purposes, and to detect improper use of the site. Logs may also be used to generate aggregate, non-Personally Identifiable Information for advertisers or other third parties. Chowly may collect such usage logs even if the Plug-in is not open on your device.

Chowly does not use cookies, similar technologies, or its internal logs to associate your Personally Identifiable Information with data about your use of the site.

If you use any part of the Services, we may offer you the option to save certain information, such as your username and password, via Local Device Storage (LDS). You can disable LDS on your device or browser; however, doing so may render a portion of the Services to not function properly.

7. Other privacy policies to which you may be subject

Merchants may provide you with the ability to share content externally on Facebook, X, and other third- party websites and services. Your use of those sites and their use and display of the content that you share there is subject to their privacy policies and online terms of use, and is not under the control of the Company.

Occasionally, Merchants may include or offer third-party products or services that include links to external websites. For example, advertisements, promotional offers, and other links may bring you to external web pages not controlled by Chowly. These third-party sites have separate and independent privacy policies and terms of service, which will govern the use of any Personally Identifiable Information that you provide. Chowly is not responsible for the use of your information by third parties.

8. How can you delete your Personally Identifiable Information?

You may request to have your Personally Identifiable Information deleted by emailing notices@chowly.com.

Because order-related communications are necessary to ensure we provide our users with the highest level of service, users are not permitted to opt out from receipt of these communications.

Anonymous information relating to your past usage of the Services may remain in our archived records, and any content that you have contributed to the Services will remain visible to the same extent as if you remain a user of the Services. If you wish to have all information that you have provided to be deleted, please contact us notices@chowly.com and we will make reasonable efforts to honor your request.

Many U.S. states have implemented consumer data privacy laws, and we strive to comply with laws that apply to our business. Some states provide their residents with rights regarding our use of their personal information that would, for example, require us to do some or all of the following:

The scope of these rights varies by your state. To exercise any of these rights, please contact us using the information below or use the official state online request form and send us a copy. We will promptly review your request, and either comply or notify you that your request was denied and why it was denied.

Additionally, to the extent allowed by applicable law, we may reach out to you to validate your identity and that you made the request; failure to respond to these requests may result in a denial of your request.

If you wish to appeal our decision, you must submit your appeal within 30 days from the date your request was denied.

We will not deny you services, charge you different prices or rates, provide you with a different level of service, or otherwise discriminate against you solely because you exercised your privacy rights.

If you are a California resident, California law may provide you with additional rights regarding our use of your personal information. To learn more about your California privacy rights, visit our California Consumer Privacy Act (CCPA) Privacy Notice for California Residents.

9. What if we make changes to our Privacy Policy?

Because enhancements to the Services we provide may affect the information that we collect and the manner in which we use it, this Privacy Policy may change from time to time. All changes will be incorporated into the written policy and posted here. The date of last revision to the Privacy Policy is indicated at the bottom of this page.

The Company may modify this agreement at any time by posting the revised terms on the Merchant page and providing you with the opportunity to review the terms before placing your order or otherwise using the Services. If you do not agree to the revised terms, you may be required to cease your access to the Services. Continued use or access of the Services after revision of terms will constitute your acceptance of this agreement as revised.

10. What if you have questions that are not answered here?

If there are any questions regarding this Privacy Policy, you may contact us using the information below: