CA Privacy Notice
CA Privacy Notice
Effective: December 14, 2021
This CA Privacy Notice (the “CA Notice”) supplements the information contained in our Privacy Policy and applies solely to individual residents of the State of California ("consumers" or "you"). If you partner with us as a delivery partner, please refer to the Driver Privacy Policy for more information.
This CA Notice describes how we collect, use, disclose, and otherwise process personal information of individual residents of the State of California, either online or offline, within the scope of the California Consumer Privacy Act of 2018 ("CCPA").
Unless otherwise expressly stated, all terms in the CA Notice have the same meaning as defined in our Privacy Policy or as defined in the CCPA, as applicable. For clarity, this CA Privacy Notice does not apply to personal information relating to job applicants, employees, contractors, delivery partners or other personnel of Grubhub.
Collection and Use of Personal Information
We collect personal information in connection with our Platform and Services for various purposes. For example, we use personal information to:
- Process your transactions or fulfill your requests
- Communicate with you
- Inform our marketing and advertising activities
- Optimize and improve our existing products and Services
- Develop new products and Services
- For other business, operational and commercial purposes described in our Privacy Policy.
Please review the following sections of the Privacy Policy to learn more about the personal information we collect and the purposes for which we collect it: “Personal Information We Collect” and “How We Use Your Personal Information.”
In the last 12 months, we have collected the following categories of personal information:
| Category of Personal Information Collected | Collected | Categories of Sources |
|---|---|---|
| Identifiers, such as your name, address, phone number, email address or other similar identifiers. | X |
|
| California Customer Records (Cal. Civ. Code § 1798.80(e)), such as your name, address, phone number, government-issued identity document, credit card number or other payment account number (including the three [3] or four [4] digit validation code for your credit card). | X |
|
| Protected Classification Characteristics, such as age, gender or demographic group. | X |
|
| Commercial Information, such as your ordering history, record of shopping or purchasing tendencies, and loyalty status or progress. | X |
|
| Internet/Network Information, such as your browsing history, search history, and information regarding your interaction with the Platform. | X |
|
| Geolocation Data, such as information about your physical location collected from geolocation features on your device, including your IP address and GPS (e.g. latitude and/or longitude). | X |
|
| Sensory Information, such as recorded calls with our customer care teams. | X |
|
| Educational Information, such as your student name, institution, and campus card information, collected if you are using campus dining services. | X |
|
| Inferences, including information generated from your use of the Platform reflecting your preferences. | X |
|
Sharing and Disclosure of Personal Information
As further described in the section called “Our Sharing and Disclosure of Personal Information” in our Privacy Policy, we share personal information with third parties for business purposes, or we may “sell” your personal information to third parties, subject to your right to opt out of those sales (see Exercise Your Right to Opt-out below). In the last 12 months, we have disclosed for a business purpose all of the categories of personal information we collect as explained in the chart above for the purposes described in our Privacy Policy.
In the last 12 months, we have “sold” the following categories of personal information to third parties for the purposes described in our Privacy Policy, subject to your settings and preferences and your Right to Opt-out:
- Identifiers, such as your name, email address and similar identifiers
- CA Customer Categories, such as your name, phone number and delivery address
- Educational information, such as your name, student identification and affiliated institution
- Commercial Information, such as order history and purchase tendencies
The categories of third parties to whom we “sell” or disclose for a business purpose the personal information include:
- Our affiliates
- Restaurant partners
- Third parties in connection with our enterprise customers, including corporate clients and campus food service providers
- Our service providers and contractors, including our delivery partners
- Payment processors
- Marketing and promotional partners
- Ad networks and advertising partners
- Analytics providers
- Social networks
We may also disclose personal information to third parties at your direction or upon your request, in connection with a corporate business transaction, or to comply with legal or contractual obligations, as described in our Privacy Policy.
## Your California Privacy Rights
As a California resident, you may be able to exercise the following rights (collectively, the “California Privacy Rights”) in relation to the personal information about you that we have collected (subject to certain limitations at law):
| Privacy Right | Description |
|---|---|
| Right to Know |
You have the right to request any or all of the following information relating to your personal information we have collected and disclosed in the last 12 months, upon verification of your identity:
|
| Right to Delete | You have the right to request the deletion of personal information we have collected from you, subject to certain exceptions. |
| Right to Opt-out | You have the right to direct us not to “sell” (as that term is defined by the CCPA) personal information we have collected about you to third parties now or in the future. |
| Right to Non-Discrimination | If you choose to exercise your rights, we will not charge you different prices or provide different quality of services, unless those differences are related to your personal information. That is, if the exercise of these rights limits our ability to process personal information (such as in the case of a deletion request), we may no longer be able to provide you with our products and Services or engage with you in the same manner. |
| “Shine the Light” | Under California’s “Shine the Light” law (Civ. Code § 1798.83), California residents that have an established business relationship with us have the right to request and obtain from us once a year, free of charge, a list of the third parties to whom we have disclosed their personal information (if any) for such third party's direct marketing purposes in the prior calendar year, as well as the type of personal information disclosed to those third parties. |
How to Exercise Your California Privacy Rights
Exercise Your Right to Know or Right to Delete
You may submit a request to exercise your California Privacy Rights through one of the mechanisms described below. We will need to verify your identity before processing your request, which may require us to request additional personal information from you or require you to log into your account. We will only use personal information provided in connection with a California Privacy Rights request to review and comply with your request.
In certain circumstances, we may decline a request to exercise the Right to Know or Right to Delete described above, particularly where we are unable to verify your identity. If we are unable to comply with all or a portion of your request, we will explain the reasons for declining to comply with the request.
To exercise your Right to Know and/or your Right to Delete, please submit a request through:
Manage your data portal
OR
- Emailing privacy@grubhub.com with the subject line “California Privacy Rights Request.”
Please note, when you submit a request to us, that request will only be completed with respect to the Grubhub-affiliated brand to which you have submitted such request. For example, if you maintain both a Grubhub account and a Seamless account and you submit a California Privacy Rights request through Grubhub.com, the response will be limited to your personal information activities associated with your Grubhub account. You will need to submit a separate request to Seamless.
Exercise Your Right to Opt-out
Unless you have exercised your Right to Opt-out, we may disclose or “sell” your personal information to third parties for monetary or other valuable consideration. The third parties to whom we “sell” personal information may use such information for their own purposes in accordance with their own privacy policies.
You do not need to create an account with us to exercise your Right to Opt-out. However, we may ask you to provide additional personal information so that we can properly identify you to track compliance with your opt-out request. We will only use personal information provided in an opt-out request to review and comply with the request. If you choose not to provide this information, we may only be able to process your request to the extent we are able to identify you in our data systems.
To exercise the Right to Opt-out of personal information sales, you may submit a request below:
- For Grubhub, click Do Not Sell My Personal Information.
- For Seamless, click Do Not Sell My Personal Information.
Additionally, as is common practice among companies that operate online, we permit third party advertising networks, social media companies and other third party businesses to collect and disclose your personal information (including preferences, geolocation, commercial information and internet, network and device information) directly from your browser or device through cookies or tracking technologies when you visit or interact with our websites, use our apps or otherwise engage with us. These third parties use this information for the purposes of serving ads that are more relevant to you, for ad campaign measurement and analytics, and for fraud detection and reporting. These third parties may “sell” that information to other businesses for advertising and other purposes. By visiting here, you can opt out from “sales” of this type of personal information by businesses that participate in the opt-out tool. To make opt-out requests related to mobile apps on your device for businesses participating in the DAA’s CCPA App-based Opt-Out Tool, you can download the appropriate app at www.youradchoices.com/appchoices. To learn more about how third parties collect information through tracking technologies and what other choices you may have in relation to those activities, please see About Our Ads.
Minors. We do not “sell” the personal information of consumers we know to be less than 16 years of age. Please contact us at privacy@grubhub.com to inform us if you, or your minor child, are under the age of 16. If you are a California resident under the age of 18 and want to remove your personal information from our publicly-displayed content, you can contact us directly at privacy@grubhub.com; however, we may not be able to modify or delete your information in all circumstances.
Authorized Agents. In certain circumstances, you may permit an authorized agent to submit requests to exercise your California Privacy Rights on your behalf. The authorized agent must provide sufficient evidence to show that the authorized agent has authority to act on your behalf, including, without limitation, proof that the authorized agent has been lawfully vested with power of attorney.
For security purposes, we may need to verify your identity and confirm directly with you that you have provided the authorized agent permission to submit the request, and it may take additional time to fulfil agent-submitted requests. We may deny a request in the event we are not able to verify the authorized agent’s authority to act on your behalf. Please note that for privacy and security reasons, we will direct future communications to the data subject on whose behalf the request was made.
“Shine the Light” disclosures. California's "Shine the Light" law (Civil Code Section §1798.83) provides certain rights to California residents that have an established business relationship with us with regard to the disclosure of certain types of personal information to third parties for their direct marketing purposes. To opt-out of having your personal information disclosed to third parties for their direct marketing purposes, please click the Do Not Sell My Info link above.
Consumer Complaints. If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.
Notice of Financial Incentive
We offer various financial incentives. For example, the financial incentives we may provide include:
- Discounts, coupons and special offers via email when you sign up for our email list, participate in a marketing promotion or sweepstakes, or create an Account.
- Rewards when you refer a friend who has not used our Platform before.
- Loyalty programs, where you earn rewards based upon your purchase history.
In order to participate in some of these financial incentives, you may be asked to provide personal information. Participation in any financial incentive program is entirely optional and participants may withdraw from the program at any time. To opt-out of the program and forgo any ongoing incentives, you may unsubscribe from our emails (for email-based incentives), or to opt-out of ongoing loyalty or rewards program incentives that are not associated with your Grubhub Account, you may submit a request via email to privacy@grubhub.com with the subject line “Loyalty Opt-Out” and include the personal information you submitted and the name of the applicable program or promotion. However, to fully opt-out of rewards programs that are associated with your GrubHub Account, you must close your Account.
The financial incentives we offer to consumers are reasonably related to the value of the consumer’s data to our business, based on our reasonable but sole determination. We estimate the value of consumers’ personal information by considering the expenses incurred by the business related to the collection, storage and retention of consumers’ personal information in the context of the financial incentive program and the expenses related to the provision of the financial incentive. From time to time, we may provide additional terms that apply to a particular financial incentive, which will be presented to you at the time you sign up for the financial incentive.
Updates to This CA Notice
We will update this CA Notice from time to time. When we make changes to this CA Notice, we will change the "Effective" date at the beginning of this notice. All changes shall be effective from the date of publication unless otherwise provided in a notification. If you do not cancel your Account before the date the revised CA Notice becomes effective, you will be subject to the revised CA Notice on its effective date.
Contact Us
If you have any questions or requests in connection with this CA Notice or other privacy-related matters, please send an email to privacy@grubhub.com.
Alternatively, inquiries may be addressed to: Grubhub Holdings Inc.
Attention: Privacy Team
5 Bryant Park, 15th Floor
New York, NY 10018