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Privacy Policy
Welcome to Food Simp: Cook by Ingredients and thank you for your interest in this Privacy Policy! This Privacy Policy describes our practices for collecting, using, protecting and disclosing the Personal Data we collect from you when you visit our website and use our services.
GENERAL INFORMATION
a) What law applies?
In principle, we will only use your Personal Data in accordance with the
applicable data protection laws, in particular Florida`s Personal Data
Protection Act and the EU`s counterpart the General Data Protection
Regulation (“GDPR”).
b) What is Personal Data?
Personal Data is any information relating to personal or material
circumstances that relates to an identified or identifiable individual. This
includes, for example, your name, date of birth, e-mail address, postal
address, or telephone number as well as online identifiers such as your IP
address.
c) What is Special Category Data?
Special category data is Personal Data that needs more protection because it
is sensitive. This includes Personal Data concerning health and wellbeing.
In order to lawfully process Special Category Data, it is necessary to
consent to the processing
d) What is processing?
"Processing" means any operation or set of operations which is performed
upon Personal Data, whether or not by automatic means. The term is broad and
covers virtually any handling of data.
e) Who is responsible for data processing?
The Data Controller within the meaning of the DPA, and the GDPR is Food
Simp: Cook by Ingredients, Florida, USA (“Food Simp”, “we”, “us”, or “our”).
If you have any questions about this policy or our data protection
practices,
please contact us using support@foodsimp.com.
f) What are the legal bases of processing?
In accordance with the above-mentioned laws, we have to have at least one of
the
following legal bases to process your Personal Data:
- Consent – This is where we have asked you to provide explicit permission to process your data for a particular purpose.
- Contract – This is where we process your information to fulfill a contractual arrangement, we have made with you or reply to your messages, e-mails, posts, calls, etc.
- Legitimate Interests – This is where we rely on our interests as a reason for processing, generally this is to provide you with the best products and service in the most secure and appropriate way. Of course, before relying on any of those legitimate interests we balance them against your interests and make sure they are compelling enough and will not cause any unwarranted harm.
- Legal Obligation – This is where we have a statutory or other legal obligation to process the information, such as for archiving or the investigation of crime.
DATA WE COLLECT AUTOMATICALLY
Log data
When you access and use our website, we collect the Personal Data that your
browser automatically transmits to our server. This is technically necessary
for us to display our website and to ensure its stability and security. In
this sense, we collect the following data: i) IP address of the requesting
computer, ii) Date and time of access, iii) name and URL of the file
accessed, iv) website from which the access was made (referrer URL), v)
browser used and, if applicable, the operating system of your computer as
well as the name of your access provider. The legal basis is our legitimate
interest.
Cookies
We use so-called cookies on our website. Cookies are pieces of information
that are transmitted from our web server or third-party web servers to your
web browser and stored there for later retrieval. Cookies may be small files
or other types of information storage. There are different types of cookies:
a) Essential Cookies. Essential cookies are cookies to provide a correct and
user-friendly website; and b) Non-essential Cookies. Non-essential Cookies
are any cookies that do not fall within the definition of essential cookies,
such as cookies used to analyze your behavior on a website (“analytical”
cookies) or cookies used to display advertisements to you (“advertising”
cookies).
As set out in the DPA and the EU`s Privacy and Electronic Communications
Directive (“PECD”), we need to obtain consent for the use of Non-essential
Cookies. For further information on the cookies we use, please refer to our
Cookie Policy. The legal basis for processing is our legitimate interest and
your consent.
Cookie consent
Our website uses a cookie consent tool, to obtain your consent to the
storage of cookies and to document this consent. When you enter our website,
the following Personal Data is transferred to us: i) Your consent(s) or
revocation of your consent(s); ii) Your IP address; iii) Information about
your browser; iv) Information about your device; v) Time of your visit to
our website. The basis for processing is our legitimate interest and your
consent.
Economic analyses and market research
For business reasons, we analyze the data we have on web and server traffic
patterns, website interactions, browsing behavior etc. The analyses serve us
alone and are not disclosed externally and processed using anonymous
analyses with summarized and or anonymized values. For this purpose, we use
Google
Analytics. The legal basis is our legitimate interest and your
consent. For further information, please refer to our Cookie Policy.
Hosting
The hosting services used by us for the purpose of operating our website is
Amazon Web Services (AWS). In doing so AWS processes inventory data, contact
data, content data, usage data, meta data and communication data of
customers, interested parties and visitors of our website and services,
based on our legitimate interests.
Links to other websites
Please note that if you use a link from our website to a third-party
website, that third-party may also set new cookies that are not covered by
this policy. In such cases, we recommend that you read the cookie policy on
the third-party website itself.
DATA WE COLLECT DIRECTLY
Contacting us
If you contact us, we store and process the following data from you: Name,
e-mail address, telephone number as well as other Personal Data that you
provide when contacting us. This data is collected and processed exclusively
for the purpose of contacting you and processing your request and then
deleted, provided there is no legal obligation to retain it. The legal bases
for processing are contract and our legitimate interest.
Providing our services
The protection of your data is particularly important to us in the
performance of our services. We therefore only want to process as much
Personal Data as is absolutely necessary. Nevertheless, we rely on the
processing of certain Personal Data, to fulfill our contractual obligations
to you or to carry out pre-contractual measures.
Registration
If you register, we will request mandatory and, where applicable,
non-mandatory
data in accordance with our registration form. The entry of your data is
encrypted so that third parties cannot read your data when it is entered.
Your
data will remain stored for as long as the registration lasts, in particular
if
the storage is necessary for the fulfillment/execution of the contract, to
enforce our rights or for our other legitimate interests or we are required
by
law to retain your data (e.g., within the framework of tax retention
periods).
Alternatively, you are able to sign up using the convenience login and sign
up
from Google and Apple. For both login and sign up, you will be asked to
provide
your basic information (i.e., name, email address, and display picture)
linked
to your account. When registering via a connect function, you agree to
Google/Apple's terms and conditions and consent to certain data from your
Google/Apple account being transferred to us. The legal basis is your
consent
and the establishment and implementation of the user contract for the use of
our
App.
Profile
Advertisers and third parties also may collect information about your
activity
on our app, on devices associated with you, and on third-party sites and
applications using tracking technologies. Tracking data collected by these
advertisers and third parties is used to decide which ads you see both on
our
app and on third-party sites and applications. If you do not wish to
participate
in our advertising personalization or retargeting/tracking you can object to
behavioral advertising at the following websites: Your Online Choices,
Digital
Advertising Alliance of Canada, Network Advertising Initiative, AdChoices
and
the European Interactive Digital Advertising Alliance (Europe only). In
addition, you may also choose to control targeted advertising you receive
within
applications by using the settings and controls on your devices.
Using our Service and providing Content
If you wish to use our services and its features, we process the Personal
Data you voluntarily provide for the purpose of providing our services.
Depending on how you use our services, you may provide recipes and upload
content such as text, photographs etc. or use our meal plan feature.
Some of the Personal Data you provide may be considered “special” or
“sensitive”. This includes Personal Data concerning, for example, your
health data (Special Category Data). By choosing to provide this data, you
consent to our processing of that data. You have choices about the data you
provide and how you share it. You don’t have to provide Personal Data or
Special Category Data. It’s your choice whether to include Personal Data or
Special Category Data and to make that information available to us. Please
do not share information that you would not want to be available. The legal
basis for the processing of your Personal Data and Special Category Data is
the establishment and implementation of the user contract for the use of the
service as well as your consent.
In providing our services and publishing your content including images we
may process images and facial-related information from our Users. Images and
facial-related information are used and processed solely for the purpose
explicitly consented to and we do not collect, use, or store any images and
facial-related information for the purpose of recognizing faces outside of
this purpose. The legal basis is your consent.
Calendar
As part of our services and when you consent to do so you can schedule
reservations or track meal plans (“events”). Doing so, you can use this
function to synchronize the event with your device’s calendar data. We do
not have access to your calendar data nor your calendar events, settings, or
tasks. Insofar as you consent to the use of our Calendar synchronization
feature, consent is the legal basis for the processing.
h) Aggregated Data
We also collect, use and share Aggregated Data such as statistical or
demographic data for any purpose including improving our App and Services.
Aggregated Data could be derived from your Personal Data but is not
considered
Personal Data in law as this data will not directly or indirectly reveal
your
identity. However, if we combine or connect Aggregated Data with your
Personal
Data so that it can directly or indirectly identify you, we treat the
combined
data as Personal Data which will be used in accordance with this privacy
policy.
Administration, financial accounting, office organization, contact
management
We process data in the context of administrative tasks as well as
organization
of our business, and compliance with legal obligations, such as archiving.
In
this regard, we process the same data that we process in the course of
providing
our contractual services. The processing bases are our legal obligations and
our
legitimate interest.
Payment Data
If you take out a subscription your payment will be processed via the
payment
service provider Stripe and payment will solely be processed through the
payment
system of Stripe. The legal basis for the provision of a payment system is
the
establishment and implementation of the user contract for the use of the
service.
Promotional use of your data
We use your data within the legally permissible scope for marketing
purposes,
e.g., to draw your attention to special promotions and discount offers. In
addition, we may draw your attention to comparable offers by email, e.g., we
may
inform you about exclusive sales, promotions, or special events. The legal
basis
for processing is our legitimate interest.
SOCIAL MEDIA
General
We are present on social media and if you contact or connect with us via
social media websites, we and the relevant social media website are jointly
responsible for the processing of your data and enter into a so-called joint
controller agreement. The legal basis is our legitimate interest, your
consent or, in some cases, the initiation of a contract.
When you visit our profiles and interact with us and
others
When you visit our social media profiles, we, as the operator of the
profile, process your actions and interactions with our profile (e.g., the
content of your messages, enquiries, posts or comments that you send to us
or leave on our profile or when you like or share our posts) as well as your
publicly viewable profile data (e.g., your name and profile picture).
Which Personal Data from your profile is publicly viewable depends on your
profile settings, which you can adjust yourself in the settings of your
social media account.
Please take care not to transmit or share sensitive data or confidential
information (e.g., application documents, bank or payment data) via social
media platforms; we recommend that you use a more secure means of
transmission (e.g. e-mail).
ADVERTISING
We would like to show you interesting advertising outside of our website
and use various third-party tools and cookies for this purpose. These
collect and process information about your activities on our website - for
example, which products you are interested in or which pages you visit. By
knowing what you are looking for and how you use our website, we can adapt
our advertising to your needs. And thus increase the likelihood that you
will also be shown suitable and interesting advertising outside our website.
We may transfer your Personal Data to other companies as
necessary for the
purposes described in this Privacy Policy. In order to provide adequate
protection for your Personal Data when it is transferred, we have
contractual
arrangements regarding such transfers. We take all reasonable technical and
organizational measures to protect the Personal Data we transfer.
We also analyze this data to evaluate the relevance of the
advertisements
and to optimize the advertisements for you. Through the tools, your browser
regularly establishes a connection to the server of the tool provider when
you visit our website. For some tools, we have no direct influence on what
data is processed by the providers. The following Personal Data may be
processed by third-party providers i) HTTP header information (e.g., IP
address, web browser, website URL, date and time); ii) measuring
pixel-specific data (e.g., pixel ID and cookie ID); and iii) additional
information about visits to our website (e.g., orders placed, products
clicked on). The legal bases for processing are our legitimate interest and
your consent in case of cookies. For further information, please refer to
our Cookie Policy.
PRINCIPLES OF PROCESSING PERSONAL DATA
Storage and Retention
As far as necessary, we process and store your Personal Data for the
duration of
our business relationship, which also includes, for example, the initiation
and
execution of a contract.
In addition, we are subject to various storage and documentation
obligations,
which result from the minimum statutory retention periods in accordance with
Finland's Ministry of Finance, among others. The retention and documentation
periods specified vary between two to eight years.
Security
Our website uses SSL or TLS encryption to ensure the security of data
processing
and to protect the transmission of confidential content, such as orders,
login
data or contact requests that you send to us. We have also implemented
numerous
security measures (“technical and organizational measures”) for example
encryption or need to know access, to ensure the most complete protection of
Personal Data processed through our website.
Nevertheless, internet-based data transmissions can always have security
gaps,
so that absolute protection cannot be guaranteed. And databases or data sets
that include Personal Data may be breached inadvertently or through wrongful
intrusion. Upon becoming aware of a data breach, we will notify all affected
individuals whose Personal Data may have been compromised as expeditiously
as
possible after which the breach was discovered.
Special Category Data
Unless specifically required when using our services and explicit consent is
obtained for that service, we do not process special category data.
Automated decision-making
Automated decision-making is the process of making a decision by automated means
without any human involvement. Automated decision-making including profiling
does not take place.
Do Not Sell
We do not sell your Personal Data.
Sharing and Disclosure
We will not disclose or otherwise distribute your Personal Data to third parties
unless this is a) necessary for the performance of our services including our
shipping forwarder and, b) you have consented to the disclosure, c) or if we are
legally obliged to do so e.g., by court order or if this is necessary to support
criminal or legal investigations or other legal investigations or other legal
proceedings; or proceedings at home or abroad or to fulfill our legitimate
interests.
International Transfer
We may transfer your Personal Data to other companies as necessary for the
purposes described in this Privacy Policy. In order to provide adequate
protection for your Personal Data when it is transferred, we have contractual
arrangements regarding such transfers. We take all reasonable technical and
organizational measures to protect the Personal Data we transfer.
YOUR RIGHTS AND PRIVILEGES
Privacy rights
You can exercise the following rights:
- Right to information
- Right to rectification
- Right to object to processing
- Right to deletion
- Right to data portability
- Right to withdraw consent
- Right to complain to a supervisory authority
- Right not to be subject to a decision based solely on automated processing.
If you wish to exercise any of your rights, please contact us.
Updating your information
If you believe that the information we hold about you is inaccurate or that
we
are no longer entitled to use it and want to request its rectification,
deletion, or object to its processing, please do so by contacting us.
Withdrawing your consent
You can revoke consents you have given at any time by contacting us. The
legality of the data processing carried out until the revocation remains
unaffected by the revocation.
Access Request
In the event that you wish to make a Data Subject Access Request, you may
inform us in writing of the same. We will respond to requests regarding
access
and correction as soon as reasonably possible. Should we not be able to
respond
to your request within thirty (30) days after receiving your request, we
will
inform you in writing within thirty (30) days of the time by which we will
be
able to respond to your request. If we are unable to provide you with any
Personal Data or to make a correction requested by you, we shall generally
inform you of the reasons why we are unable to do so (except where we are
not
required to do so under the respective legal regulations mentioned above).
Complaint to a supervisory authority
You have the right to complain about our processing of Personal Data to a
supervisory authority responsible for data protection. However, we would
appreciate the opportunity to address your concerns before you contact any
supervisory authority.
USA SPECIFIC PROVISIONS
The following applies to all users located in the United States. While we
understand and appreciate that privacy and consumer data protection laws
differ
as they are subject to each state's legislature and that no data protection
framework similar to the DPA or GDPR exists on a federal level, we are
committed
to follow and apply the for your state relevant privacy rules and
regulations.
As of the day of drafting, the following states had enacted privacy and
consumer
data protection laws:
- California Consumer Privacy Act (“CCPA”) including its subsequent amendments from the California Privacy Rights and Enforcement Act (“CPRA”);
- Colorado Privacy Act (“CPA”);
- Connecticut Data Privacy Act (“CTDPA”);
- Delaware Online Privacy Protection Act (“DOPPA”);
- Indiana Consumer Data Protection Act (“ICDPA”);
- Iowa Consumer Data Protection Act (“ICDPA”);
- Montana Consumer Data Privacy Act (“MCDPA”);
- Oregon Consumer Privacy Act (“OCPA”);
- Tennessee Information Protection Act (“TIPA”);
- Texas Data Privacy and Security Act (“TDPSA”);
- Utah Consumer Privacy Act (“UCPA”); and
- Virginia Consumer Data Protection Act (“VCDPA”).
Further and under consideration of the similarities of the above
provisions, no
conflict should arise pursuing a uniform approach in granting all users in
the
USA the same rights and privileges as set out above. However, should
ambiguity
occur the most stringent provision is chosen to ensure the most
comprehensive
approach when it comes to protecting your Personal Data.
Further, the following also apply:
i) “Shine the Light”
“Shine the Light” law (Civil Code Section 1798.83) requires us to respond
to
requests from California asking about the business’s practices related to
disclosing Personal Data to third parties for the third parties’ direct
marketing purposes. You may make a request about our collection and
disclosure
of your Personal Data using the contact details provided.
ii) COPPA (Children Online Privacy Protection Act)
When it comes to the collection of Personal Data from children under the
age of
13 years old, the Children’s Online Privacy Protection Act (COPPA) puts
parents
in control. The Federal Trade Commission, United States’ consumer protection
agency, enforces the COPPA Rule, which spells out what operators of websites
and
online services must do to protect children’s privacy and safety online. We
do
not specifically market to children under the age of 13 years old.
iii) CAN SPAM Act
The CAN-SPAM Act is a law that sets the rules for commercial email,
establishes
requirements for commercial messages, gives recipients the right to have
emails
stopped from being sent to them, and spells out tough penalties for
violations.
To be in accordance with CAN SPAM, we agree to the following: If at any time
you
would like to unsubscribe from receiving future emails, you can email us,
and we
will promptly remove you from ALL correspondence.
iv) Telephone Consumer Protection Act (TCPA)
If we process your Personal Data for the purpose of sending you SMS
marketing
communications, you may manage your receipt of marketing and
non-transactional
communications from us by replying or texting ‘STOP’ if you receive our SMS
communications. In this respect, the data processing is carried out solely
on
the basis of our consent in personalized direct advertising per SMS.
v) Controls For Do-Not-Track Features
Most web browsers and some mobile operating systems and mobile applications
include a Do-Not-Track ('DNT') feature or setting you can activate to signal
your privacy preference not to have data about your online browsing
activities
monitored and collected. At this stage no uniform technology standard for
recognizing and implementing DNT signals has been finalized. As such, our
website does not currently respond to DNT browser signals or any other
mechanism
that automatically communicates your choice not to be tracked online. If a
standard for online tracking is adopted that we must follow in the future,
we
will inform you about that practice in a revised version of this policy.
vi) Right to complain
Finally, and in regard to the right to complain to a supervisory authority.
You
have the right to lodge a complaint about our processing of Personal Data
with a
supervisory authority responsible for data protection. Users based in the
above
mentioned States may lodge a complaint with the relevant district attorney
or
attorney general office. However, we would appreciate the opportunity to
address
your concerns before you contact any supervisory authority.
VALIDITY AND QUESTIONS
This Privacy Policy was last updated on Monday, 29th of April 2024, and is
the
current and valid version. However, from time to time changes or a revision
to
this policy may be necessary.
If you feel that the above is not sufficient or if you have any queries as
regards the collection, processing or use of your information we are looking
forward to hearing from you. We will make every effort to reply as soon as
possible and take into consideration any suggestions from your end.
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