About this Privacy Policy

CaterXpress USA Inc., a Delaware corporation (“CaterXpress”) engages in the business of providing software products and associated services for catering management. This privacy policy relates to how CaterXpress collects, uses, discloses, retains, and protects your personal information. In this policy “we”, “our” and “us” refers to CaterXpress.

We take our obligations very seriously and have implemented practices, procedures and systems to ensure we comply with applicable laws. We are committed to maintaining the confidentiality and security of your personal information and managing it in an open and transparent way.

We review our privacy policy regularly to ensure it is up-to-date so we encourage you to review it from time to time via the link on our website at foodstorm.com and any sub domains (as applicable) (Website).

What is Personal Information

For the purposes of this policy, “personal information” is information relating to an identified natural person or an individual who is reasonably identifiable. An identifiable natural person is one who can be identified, directly or indirectly, by reference to an identifier such as a name, an identification number, location data or an online identifier, amongst other things.

We do not consider personal information to include information that has been anonymized or aggregated so that it can no longer be used to identify a specific natural person, whether in combination with other information or otherwise.

Information we collect

We collect personal information from you and from other sources when you use our services. If you do not provide us with the information we request or if we cannot collect this information from other sources, we may not be able to provide you with our services.

In the process of providing our services, the most common types of personal information we collect includes your full name, company name, telephone number, email address, other contact details, payment information such as payment agent, transactional details, web analytics, and usernames.

Wherever it is lawful and practical, you have the option of using a pseudonym or not identifying yourself when dealing with us. However, by doing so you acknowledge that it may affect our ability to provide our products and services to you.

We also use cookies and other similar technologies, such as web beacons, pixels, and mobile identifiers. We may also allow certain suppliers to use these tracking technologies on our Website or engage others to track your behavior on our behalf.

How we collect personal information

We collect personal information directly from you when you provide it to us, automatically as you navigate through the Website, or through other suppliers when you use services associated with the Website.

You will provide personal information to us when you complete registration, buy services, subscribe to a newsletter or email list, submit feedback, enter a contest, fill out a survey, or send us a communication.

Your sensitive personal information

Some personal information (e.g. ethnicity, religion, political opinions) is sensitive and requires a higher level of protection under applicable laws. We will only collect your sensitive information when we have your consent; the collection is reasonably necessary for us to carry out one or more of our functions or activities; or is required or authorized by law.

Personal information we collect about you from others

Although we generally collect personal information directly from you, on occasion, we also collect certain categories of personal information about you from other sources. In particular, other third-party sources and or partners located in the United Kingdom, Australia, New Zealand and USA whereby we receive additional information about you (to the extent permitted by applicable law), such as demographic data, and combine it with information we have about you. We also receive information about you and your activities on and off the CaterXpress platform through partnerships, or about your experiences and interactions from our partner ad networks.

Dealing with unsolicited personal information

If we receive your personal information from a third party without having asked you for it, then within a reasonable time, we will determine whether we could have collected it in the ways outlined above. If we determine that it could not have been collected in one of those ways and it is lawful and reasonable to do so, then as soon as practicable we will destroy the information; or ensure that it is de-identified.

Use and disclosure of personal information

We will only use and hold your personal information:
(i) for the purpose of conducting our business, to fulfil a contract, or take steps linked to a contract, in particular, providing the services, and facilitating and processing requests and transactions that take place on our Website.
(ii) where you give us consent to provide you with marketing information about services and products which we believe may interest you, and customizing our Website and services like advertising on our Website, where this involves the use of cookies or similar technologies.
(iii) where this is necessary for purposes which are in our, third parties, and other parties’ legitimate interests. These interests are:
– operating the Website, and providing you with the services described on the Website;
– updating you with operational news and information about our Website and services e.g. to notify you about changes to our Website, any disruptions to the Website, or security updates;
– helping to facilitate the resolution of any disputes;
– carrying out technical analysis to determine how to improve the Website, and the services we provide;
– managing our relationship with you e.g. responding to any comments or queries submitted to us on the Website; asking for your feedback; or whether you want to participate in a survey;
– monitoring activity on the Website e.g. to ensure compliance with any terms that apply to the Website and to identify any potential fraudulent activity;
– to manage our legal and operational affairs;
– training CaterXpress staff on how best to assist our users; and
– providing general administrative and performance functions and activities.
(iv) for purposes which are required by law, if we reasonably believe it is necessary to respond to requests to law enforcement authorities conducting an investigation or by government.

We will only disclose your personal information to the following recipients:
(a) our respective company representatives;
(b) service providers and subcontractors who assist us in connection with the ways we use personal information as set out above, in particular: web hosting providers located in Australia and the USA; technical support located Australia and the USA; communications, marketing and analytics services which are located in Australia and the USA; security and fraud prevention services which are located in Australia and the USA. Noting that our subcontractors and services providers may also transfer and access such information from other countries in which they have operations;
(c) our professional advisers (lawyers, accountants, financial advisers etc.) which are located in the Australia and the USA;
(d) regulators and government authorities in connection with our compliance procedures and obligations;
(e) a purchaser or prospective purchaser of all or part of our assets or our business, and their professional advisers, in connection with the purchase; and
(f) other recipients where we are authorized or required by law to do so.

Marketing regarding your personal information

How we use your personal information for direct marketing is controlled by applicable laws. We will follow those laws to ensure you only receive direct marketing in circumstances where you are expecting to.

We will use your personal information for the purposes of direct marketing where we have your consent to do so. We will send you marketing communications about products and services that we deem are of interest to you.

If at any time you want to know who provided us with your personal information, then please send a request to us at privacy@caterxpress.com. We will provide the details of that third party within a reasonable time and without charge.

We will always provide a simple means for you to “opt-out” from receiving direct marketing, which typically involves an “opt-out” or “unsubscribe” link on emails, or through a pop-up on your screen when you provide personal information online. Alternatively, if at any time in the future you do not want us to send you direct marketing material or you wish to cancel a previous consent, please inform us by contacting us at privacy@caterxpress.com. We will affect the change without charge.

We will not use or disclose your personal information for the purposes of direct marketing if you have previously told us not to.

Cross-border disclosure of personal information

CaterXpress does business in a number of countries and jurisdictions around the world, including (amongst others) Australia, New Zealand, United Kingdom and the USA. Some of the recipients we have described above and to whom we disclose your personal information is done so on the basis of your consent; is required; or as authorized by law.

Security of personal information

We will take such steps as are reasonable in the circumstances to protect your personal information from misuse, interference, loss, unauthorized access, modification or disclosure. We store personal information on secure servers that are managed by us and our service providers. Personal information that we store or transmit is subject to security and access controls, including username and password authentication and data encryption where appropriate.

Your rights concerning personal information

We will take such steps as are reasonable in the circumstances to ensure that your personal information that we collect, use or disclose is accurate, up-to-date, complete and relevant. You have the right to make a request to access your personal information to request corrections of any errors in that data. You may also close the account you have with us at any time.

You are entitled to ask us to port your personal information (i.e. to transfer in a structured, commonly used and machine-readable format, to you or another data controller), to erase it, or restrict its processing. You also have the right to object to some processing that is based on legitimate interests, such as profiling that we perform for the purposes of direct marketing and where we have asked for your consent to process your data, to withdraw this consent as described below.

Your rights are limited in some situations – for example, if we can demonstrate that we have a legal requirement to process your personal information. In some instances, this means that we can retain data even if you withdraw your consent.

Where we require your personal information to comply with legal or contractual obligations, then provision of such data is mandatory. If such data is not provided, then we will not be able to manage our contractual relationship with you, or meet obligations placed on us.

If you have unresolved concerns you also have the right to complain to data protection authorities. The relevant data protection authority will be the data protection authority of the country: (i) of your habitual residence; (ii) of your place of work; or (iii) in which you consider the alleged infringement has occurred.

Retention of personal information

CaterXpress takes steps to ensure that it retains personal information for as long as is necessary to fulfil the purposes described in this policy, deal with disputes and comply with our legal obligations. When we no longer need your personal information for a permitted purpose and we are not required to keep it to comply with any laws, we will take such steps as are reasonable in the circumstances to destroy your personal information or to ensure that the information is de-identified.

If you no longer want us to use your personal information or to provide you with services, you can request that we erase your personal information. Please note that if you request the erasure of your personal information, we will retain information from deleted accounts as necessary for our legitimate business interests. The information we retain will be handled in accordance with this Privacy Policy.

Our Policies Concerning Children

CaterXpress does not knowingly collect any personal information from children. If any party becomes aware that a child under the age of 16 has provided us with personal information in contravention of our policies, they should contact us privacy@caterxpress.com.

CCPA Privacy Statement

This Statement applies solely to residents of California or individuals whose information has been collected in California. CaterXpress has adopted and included this notice to comply with the California Consumer Privacy Act of 2018 (“CCPA”). Any terms used in this Statement that are defined in the CCPA have the same meaning given therein.

Information we collect

In the past twelve (12) months, CaterXpress has collected from individuals, and may have shared or sold (as defined in the CCPA), certain categories of Personal Information (as defined in the CCPA) as follows:

# Category Collected? Disclosed?
1 Identifiers.
Name, alias, postal address, unique personal identifier, online identifier, Internet Protocol (IP) address, email address, account name, social security number, driver’s license number, passport number, or other similar identifiers
YES YES
2 Personal information categories under the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).
A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories.
YES YES
3 Protected classification characteristics under California or federal law.
Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).
NO NO
4 Commercial information.
Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
NO NO
5 Biometric information.
Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.
NO NO
6 Internet or other similar network activity.
Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.
YES YES
7 Geolocation data.
Physical location or movements.
NO NO
8 Sensory data.
Audio, electronic, visual, thermal, olfactory, or similar information.
NO NO
9 Professional or employment-related information.
Current or past employment history or performance evaluations.
NO NO
10 Education Information under California Family Educational Rights and Privacy Act (20 U.S.C. section 1232g, 34 C.F.R. Part 99)
Information that is not “publicly available personally identifiable information” as defined in the California Family Educational Rights and Privacy Act (20 U.S.C. section 1232g, 34 C.F.R. Part 99). Includes education records directly related to a student maintained by an educational institution or party acting on its behalf, like grades, transcripts, class lists and student schedules, identification codes, financial information, or disciplinary records.
NO NO
11 Inferences
Conclusions that could be used to create a profile reflecting an individual’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, aptitude.
NO NO

 

Under the CCPA, Personal information does not include:

  • Publicly available information from government records;
  • Personal Information that has been de-identified or aggregated such that it cannot be used to identify an individual;
  • Information excluded from the CCPA’s scope, like: (a) health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data; and (b) personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994. Please note that CaterXpress does not collect any such sensitive personal information.

CaterXpress obtains the categories of personal information listed above from the following categories of sources:

  • Directly and indirectly from CaterXpress site visitors and activity on the CaterXpress website (www.foodstorm.com). Examples: from site visitors, by completing a form on the website; by cookies from the CaterXpress or Customer website; and by event registration forms or pages
  • Directly from CaterXpress’ Customers or their agents. Examples: the information that our clients provide to us related to the services or products that CaterXpress provides them (such as contact or profile or user profile information).
  • Directly and Indirectly from third-parties, such as partners or collaborators, that interact with CaterXpress in connection with CaterXpress marketing activities and the services we perform. Examples: leads and sales activities from partners, leads from co-marketing campaigns; event registration; or lead generation.

Use of Personal Information

We may use or disclose the personal information we collect for one or more of the following business purposes: (i) to provide you with information, products or services that you request from CaterXpress; (ii) to provide you with email alerts, event registrations and other notices concerning our products or services, events or news; (iii) to seek feedback on the CaterXpress products, services or your experience with CaterXpress, or the CaterXpress website; (iv) to carry out our obligations and enforce our rights arising from any contracts entered into between us, including renewals, professional services, billing, collections or other notices; (v) to improve our website or interactions with you; (vi) for CaterXpress product or service development; (vii) as necessary or appropriate to protect the rights, property or safety of CaterXpress, CaterXpress customers and other third parties; (viii) to respond to law enforcement requests and as required by applicable law, order, or regulation; or (ix) as may be described to you when collecting your personal information or as otherwise set forth in the CCPA. We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without reasonable notice.

Sharing Personal Information

We may disclose your personal information for a business purpose to the third parties, including service providers (as defined under the CCPA), our affiliates (to the extent applicable), and third parties to whom you or your agents authorize us to disclose your personal information in connection with the CaterXpress products and services we provide you. When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to not use it for any purpose except performance of the contract and, if confidential, maintain its confidentiality. In the preceding twelve (12) months, CaterXpress has disclosed the categories of Personal Information for a business purpose as provided in the table above.

Selling Information

CaterXpress does not sell any Personal Information or any other data collected or created by its customers in their use of the CaterXpress platform, services, application or otherwise.

FOR AVOIDANCE OF DOUBT, CATERXPRESS DOES NOT SELL THE INFORMATION THAT ITS CUSTOMERS OR USERS COLLECT, GENERATE OR STORE THROUGH THEIR USE OF THE CATERXPRESS PLATFORM AND/OR SERVICES. CATERXPRESS DOES NOT USE OR PROCESS SUCH INFORMATION FOR ITS OWN PURPOSES. ANY PROCESSING OR SHARING OF PERSONAL INFORMATION COLLECTED BY OR BELONGING TO CUSTOMER IS FOR THE PURPOSE OF PERFORMING THE SERVICES ONLY. SUCH INFORMATION IS AT ALL TIMES THE PROPERTY OF THE CUSTOMER AND CATERXPRESS DOES NOT SELL IT.

Your rights and choices

The CCPA provides individuals residing in California or whose Personal Information was collected in California with specific rights regarding their Personal information. The below describes your rights and how you may exercise them.

Access to Specific Information and Data Portability Rights

You have the right to request that CaterXpress disclose certain information to you about our collection and use of your Personal Information over the past twelve (12) months. Once CaterXpress receives and confirms your verifiable information access request, CaterXpress must disclose to you: (i) the categories of Personal Information we collected about you; (ii) the categories of sources for the Personal Information we collected about you; (iii) our business or commercial purpose for collecting or, if applicable, selling that Personal Information; (iv) the categories of third parties with whom we share that Personal Information; (v) the specific data points or pieces of Personal Information we collected about you. If we disclosed for a business purpose or sold your Personal Information, CaterXpress must also provide separate lists that: (x) identify the personal information categories that were sold to each category of recipient in connection with sales of your Personal Information; and (y) identify the personal information categories that were provided to each category of recipient in connection with business purposes disclosures of your Personal Information.

Deletion Request Rights

You have the right to request that CaterXpress delete any of your Personal Information that we collected from you and/or retained. Unless subject to a certain limited exception, once CaterXpress receives and confirms your verifiable data deletion request, we will delete (and direct our service providers to delete) your personal information from our records. CaterXpress will notify you promptly if it determines it must deny your deletion request and will provide reasons why retention of your information is necessary to CaterXpress and permissible under the CCPA in such case.

Do Not Sell Opt-Out Rights

You have the right to opt-out of any sales, as defined by the CCPA, of Personal Information by CaterXpress. You must request that CaterXpress not sell any information you provide to CaterXpress as an individual, either upon the provision of Personal Information to CaterXpress or any time thereafter. Once CaterXpress receives and confirms your request, CaterXpress will refrain from selling your Personal Information.

Exercising your rights

To exercise your access, data portability, and deletion or do not sell opt-out rights described above, you may submit a verifiable consumer request by any of the following means:

By Email: privacy@caterxpress.com
By Phone: 855-266-1567

You may only make a verifiable consumer request for access or data portability up to two times within a 12-month period. You may make a verifiable do not sell opt-out request at any time. Any such request must: (i) provide sufficient information that allows CaterXpress to reasonably verify that you are the person about whom we collected personal information or an authorized representative thereof; and (ii) describe your request with sufficient detail such that we may understand, evaluate, and respond to it. CaterXpress cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. Making a verifiable consumer request does not require you to create an account with CaterXpress. CaterXpress will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request. Only you or a person registered with the California Secretary of State that you authorize to act on your behalf may make a verifiable consumer request related to your Personal Information. You may also make a verifiable consumer request on behalf of your minor child.

Response timing and format

We endeavor to respond to a verifiable consumer request within 45 days of its receipt. If we require more time (up to 90 days), we will inform you in writing of the extension period and the reason for it. CaterXpress will deliver any required or requested responses or other communications in writing to you by email. Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. If applicable, the response we provide will also explain any reasons we cannot comply with a request. For data portability requests, CaterXpress will provide your personal information in a format that is readily usable and transferable. CaterXpress does not charge a fee to process or respond to your verifiable consumer request unless such requests become excessive, repetitive, or manifestly unfounded or as otherwise permitted by the CCPA. If we determine that a request warrants charging a fee, we will notify you and provide you with a cost estimate before completing your request.

Non-Discrimination

We will not discriminate against you or any other individual for exercising any of your CCPA rights. Unless and only to the extent permitted by the CCPA, CaterXpress will not (i) deny you goods or services; (ii) charge you different prices or rates for goods or services; (iii) provide you a different level or quality of goods or services; or (iv) suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

How our customers manage their data

It is our customer’s responsibility and obligation to manage your data according to any laws and regulations pertinent to the region from where they operate, including compliance with its own privacy policy, laws and regulations including the EU GDPR and CCPA in California, USA. We do not share, sell or trade any personal information stored in our customer’s database.

Cookies and web analytics

We use cookies and similar technologies to collect and use data as part of our services as defined in this Privacy Policy and incorporates our sites, communications and mobile applications. Cookies are used to improve your experience on our sites and recommend content that may be of interest to you. The cookie policy provides information about how and when we use these technologies.

When you visit our Website, there is certain information that is recorded which is generally anonymous information and does not reveal your identity. If you are logged into your account some of this information could be associated with your account. We are referring to the following types of details: your IP address or proxy server IP address; the date and time of your visit to the Website; the length of your session; the pages which you have accessed; and the operating system which your computer uses.

Occasionally, we will use third party advertising companies to serve ads based on prior visits to our Website. For example, if you visit our Website, you may later see an ad for our products and services when you visit a different site.

By continuing to visit or use our Website you are agreeing to the use of cookies and similar technologies for the purposes described in this policy.

Cookies and similar technologies

Cookies and similar technologies are used for the following purposes on our Website:
Essential: these cookies help make a website usable by enabling basic functions like page navigation, logging in, your shopping basket, and payment transactions.

Preferences: these cookies enable storage of information that changes the way a website behaves or looks, like settings for your region.
Analytics: these cookies help us to understand how visitors interact with our Website by collecting and reporting information.
Marketing: these cookies are used for tracking browsing activity and to customize and display ads that are relevant and engaging.
Third Parties: Our suppliers and authors use cookies for the purposes described above.

Cookies we may use include:

FoodStorm Website – Essential/Preferences
Google Analytics – Analytics/Marketing/Third Party
Microsoft Bing – Analytics/Marketing/Third Party
LinkedIn – Analytics/Marketing/Third Party
Facebook – Analytics/Marketing/Third Party
WordPress – Essential/Preferences/Third Party
Drift – Analytics/Marketing/Third Party

How to manage your preferences and settings

If you are located in the European Union you change your preferences by clearing your cookies, refreshing the page, and selecting your cookie preferences again. If you change your standard settings your user experience may not be as we intended.

Common web browsers allow you to control your cookie preferences through their settings, which may be adapted to reflect your consent to their use and enable you to review and erase cookies, including those used by CaterXpress. To learn more about browser controls, please review the settings documentation of your browser.

Contacting CaterXpress

If you have a concern or query relating to our handling of your personal information or any breaches of the applicable data protection laws, please notify us at privacy@caterxpress.com by outlining the nature of the complaint. If unresolved, the complaint may be referred to an external complaints resolution entity and finally, if necessary, taken to applicable data protection authority in your jurisdiction.

This Privacy and Cookie Policy was last updated October 2020