Selectivor Terms

Selectivor Portal Provided by EatID, Inc.

Disclaimer

Last revised 9-18-2017.

No online data, whether or not on the Selectivor Portal (“Portal”), should ever be used as a substitute for the advice provided by a qualified and licensed healthcare professional, who is best placed and licensed to diagnose and recommend treatment of health problems and diseases. Always consult your healthcare provider before making any dietary or nutritional changes.

Selectivor operated by EatID is not a substitute for consultation and advice provided by qualified and licensed medical and pharmaceutical professionals.

Any nutritional information found on the Portal is made available by other Users like yourself as part of their participation in a general discussion community of Users. The Portal may also, from time to time, display or aggregate popular food information and popular educational data gathered from various sources including online and books. EatID does not itself create original food information or educational data.

Be mindful at all times, including when navigating the Portal, that (i) other Users’ content may be misleading, (ii) food, beverage and nutritional supplements formulations can and do change constantly, and (iii) any data gathered online, whether or not on the Portal, may be outdated, misleading, incomplete or erroneous.

You should verify fitness for consumption by contacting manufacturer directly and reading labels on products, including ingredients, nutrient content, health claims, food allergen and contact information, before consuming a product.

Consult only qualified and licensed practicing experts for your area of concern. EatID does not endorse any diet and does not provide health or medical advice.

Terms of Use

Last revised September 18, 2017 

Thank you for your interest in the Selectivor Portal operated by EatID, Inc. These Terms of Use are a binding legal agreement between EatID, Inc., a Delaware corporation (“EatID” “we” or “us”), and you the user of the Selectivor Portal (“you” or “User”). By accessing, registering on or using the Selectivor Portal, you agree to be bound by these terms and conditions (“Terms”).

READ THESE TERMS CAREFULLY. THEY INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE VENUE OF DISPUTES, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.

THE SELECTIVOR PORTAL IS NOT COPPA COMPLIANT AND DOES NOT AUTHORIZE CHILDREN UNDER 13 YEARS OF AGE TO CREATE ACCOUNTS. THE SELECTIVOR PORTAL DOES NOT COLLECT INFORMATION FROM CHILDREN UNDER 13 YEARS OF AGE, IS NOT DIRECTED TO CHILDREN UNDER 13 YEARS OF AGE, AND IS NOT AN “OPERATOR” WITHIN THE MEANING OF COPPA. FOR INFORMATION ON COPPA YOU MAY CONSULT http://www.coppa.org/comply.htm AS WELL AS OTHER AVAILABLE GOVERNMENTAL SOURCES.

Our role and some definitions.

The Selectivor Portal provides a platform that makes it easier for Users to share their individual or common food preference listings (“listing(s)”) across groups or events of their own choosing (“group(s)”). All of EatID’s portal, websites, blog and mobile applications are hereinafter collectively referred to as the “Portal”. By accessing or using the Portal, including by communicating with us or other EatID Users, you agree to comply with, and be legally bound by, the provisions of these Terms of Use (“Terms”), whether or not you become a registered User of the Portal. These Terms govern your access to and use of the Portal.

The Portal and your use of the Portal doesn’t change anything about your relationship with another User, your physician(s), nutritionist, pharmacist, social worker, insurer or any other health provider(s); these relationships remain at all times governed by the terms you have agreed separately with each of them. You remain at all times solely responsible for the content of the listings you create, edit, accept, upload or copy to your profile, and for group(s) you create, edit, accept, contribute to or participate in, even if in connection with or arising out of listings or profiles of another User through the Portal. As a User of listings and profiles you are ultimately responsible for the all choices you make in connection with any profile or listing, including those from other Users. Also, the organizer of a group is the one responsible for managing, editing that group and its group profile, not EatID.

EatID is not a meeting site and is not in the business of promoting contacts or meetings between Users off-EatID Portal.

EatID does not own a proprietary inventory of listings and is not in the business of selling listings to the public. EatID is in the business of providing an online platform where Users may possibly share listings amongst themselves if they so choose at their own risks and costs, subject to these Terms.

EatID is not in the business of providing medical, nutritional, pharmaceutical, insurance, social benefits or legal advice (“Advice”). You represent and warrant that you will seek such Advice from independent and licensed practitioners of your choosing and at your own cost as and when the need arises.

EatID is not in the business of recommending licensed practitioners competent to provide Advice.

EatID does not act as your agent or on your behalf.

Agreement and Modification. All of the provisions in the Terms, together with EatID’s Disclaimer, Privacy Policy and Acceptable Use Policy provided on the Portal (the “Policies”) constitute the “Agreement” between you and EatID.

EatID reserves the right, at its entire discretion, to modify the Portal or to modify these Terms at any time. If we modify these Terms, we will post the modification on our Portal. We will also update the “Last Revised” date at the top of these Terms. By continuing to access or use our Portal after we have posted a modification or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your sole recourse is to stop using and accessing the Portal and close your Account.

If you have any questions for us concerning this Agreement, the Portal generally, or if you notice COPPA or Digital Millennium Act compliance issues, please contact us at support@selectivor.com. All unauthorized, unsolicited and/or commercial contacts from other Users outside the Portal are to be reported immediately at the same email address.

General terms

Eligibility. BY ACCESSING THE PORTAL OR SIGNING UP FOR AN ACCOUNT YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 13 YEARS OF AGE AND THAT YOU WILL NOT ACCESS OR USE THE PORTAL FOR ANY FRAUDULENT, UNLAWFUL OR ABUSIVE PURPOSE. IF YOU ARE NOT AT LEAST 13 YEARS OF AGE, DO NOT CREATE AN ACCOUNT AND DO NOT UPLOAD ANY PERSONAL INFORMATION TO THE PORTAL. YOU REPRESENT AND WARRANT THAT YOU WILL NOT UPLOAD ANY PERSONAL INFORMATION OF ANY OTHER PERSON THAT IS NOT AT LEAST 13 YEARS OF AGE UNLESS YOU ARE THE PARENT OR LEGAL GUARDIAN OF THAT PERSON.

Account Registration. In order to access certain features of the Portal you must sign up for an account with us (hereinafter an “Account”) by either providing us your email address and creating a password or through a third-party social networking site account such as Facebook, Twitter and Google+.

Upon your initial request to access the Portal, we will issue you certain identifying information (such as an Account name or number and a password) based on the identifying information that you will provide us (such as your email address) (all together “EatID Credentials”). You understand and agree that all EatID Credentials are stored with our providers and that such providers may at their discretion and from time to time use affiliates and/or various third party providers to store your EatID Credentials.

EatID will request that its providers use reasonable efforts to keep your EatID Credentials and Payment Credentials secure.

If you send us text messages, or have us send you one, don’t forget that your carrier might charge you for that.

Your access to the Portal shall be subject to the policies for the Portal available at Disclaimer, Privacy Policy and Acceptable Use Policy. You agree to the use of your data (including without limitation your EatID Credentials) in accordance with EatID’s Privacy Policy and Acceptable Use Policy.

Screenings. When you sign up for an Account, you will provide us with certain information about yourself to enable us to verify your identity in order to become a User. You promise to provide complete and accurate information to EatID about yourself and your listing(s), if any. Where permitted, EatID has the right, but not the obligation, to undertake screenings, checks, and processes designed to help verify or check the identities and/or backgrounds of Users and listings, but we do not endorse any listing, User, or his or her background. EatID may in its sole discretion use third party providers to verify the information you provide to us and to obtain additional related information and corrections where applicable and you hereby authorize EatID to request, receive, use, and store such information. EatID may accept or reject your application to become a User in its sole discretion. EatID makes no representation or warranty that any User is in fact the individual that the User alleges to be or that any profile is genuine.

Ongoing Information Updates. You promise to update the information you have provided to EatID in the event of any changes to your Account, contact information, listing(s), group(s) or profile. Specifically, with respect to your contact information, EatID may deliver notices to you at the most recent email, telephone, or billing address provided by you, and those notices will be considered valid even if you no longer maintain the email account, telephone number, or receive mail at that address unless you provide updated contact information to us. Also, you are and will be solely responsible for all of the activity that occurs through your Account, so please keep your password and Account information secure. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. You will immediately notify EatID of any actual or suspected unauthorized use of your Account. We are not responsible for your failure to comply with this clause, or for any delay in shutting down or protecting your Account after you have reported unauthorized access to us.

User Obligations. You agree that you will always use your Account and the Portal in compliance with the Terms, applicable laws, and any other policies and standards provided to you by EatID. As a poster of listings, you represent and warrant that you will post on the Portal only listings for which you have genuine personal knowledge or experience, and that contain no misrepresented, inaccurate, unsafe or incomplete information to the best of your knowledge.

In connection with your use of or access to the Portal you may not, and you agree that you will not, nor advocate, encourage, request, or assist any third party to violate any law, including: (i) infringe, reproduce, perform, display, distribute, reverse engineer, or prepare derivative works from content that belongs to or is licensed to EatID, or that comes to from the Portal and belongs to another User or to a third party, including works covered by any copyrights, trademark, patent, or other intellectual property, privacy, publicity, moral, or contractual rights, except with prior express written permission of EatID; and (ii) breach, violate, and/or circumvent any local, state, provincial, or federal law or other law or regulation, or any order of a court, including, without limitation, tax regulations, licensing or registration requirements, third party rights or our systems, policies, or determinations of your Account status.

Violations. EatID has the right, but not the obligation, to investigate, pursue, and seek to prosecute or litigate violations of this Agreement to the fullest extent permissible by the law. EatID may access, preserve, and disclose any of your information if we are permitted or required to do so by law; if we believe in good faith that it is reasonably necessary to respond to claims asserted against EatID or to comply with legal process (for example, subpoenas or warrants); to enforce or administer the Terms; to do so for fraud prevention, risk assessment, investigation, customer support, product development and debugging purposes; and/or to protect the rights, property, or safety of EatID, its employees, its Users, or members of the public.

EatID reserves the right, at any time and without prior notice, to remove, suspend or disable access to any content (including your other User’s User Content, groups or listings) that EatID, at its sole discretion, considers to be objectionable for any reason, in violation of this Agreement or otherwise harmful to the Portal or our community. If we believe you are abusing EatID, our Users, or employees in any way or violating the letter or spirit of any of this Agreement, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your User Account(s) and access to our Portal, remove hosted content, remove and demote your listings, groups or profiles, and take technical and/or legal steps to prevent you from using our Portal. Additionally, we reserve the right to refuse or terminate our Portal to anyone for any reason at our discretion.

Electronic Communications and Communications with You. In order to contact you more efficiently, we may at times contact you using electronic, autodialed or prerecorded message calls or text messages at your telephone number(s). We may place such calls or texts primarily to confirm your signup; provide notices regarding your Account or Account activity; investigate or prevent fraud; collect a debt owed to us; or communicate urgent messages. You agree that we, or our service providers, may contact you using electronic, autodialed or pre-recorded message calls and text messages to carry out the purposes we have identified above. We may share your phone number(s) with service providers with whom we contract to assist us in pursuing these communications, but will not share your phone number(s) with third parties for their own purposes without your consent. Where EatID is required to obtain your consent for such communications, you may choose to revoke your consent.

Support. EatID may choose, but is not obligated, to provide support. Support may be discontinued at any time.

Legal disputes.

PLEASE READ CAREFULLY. Subject to applicable law, you and EatID agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to or arising out of this or previous versions of the Terms of Use, your use of or access to the Service or any breach, enforcement, or termination of this Agreement will be resolved in accordance with the provisions set forth in this Legal Disputes Section.

Applicable Law and Venue. These Terms of Use will be governed by the laws of the State of Delaware, except for its choice of law rules, and applicable federal United States laws. Each party agrees to submit to personal and exclusive jurisdiction of the courts located in Dover, Delaware.

EatID Image Content. EatID may offer User the option to upload images or photographs at their own risks and costs (“Images”). You alone are responsible for uploading and using the Images in connection with your Account and you warrant that you will remove and cease using the Images if they no longer accurately represent yourself or your listing(s). You agree that EatID is the sole and exclusive owner of all right, title, and interest in all copyrights, trademark rights, and any and all other intellectual property rights, including right of publicity rights, worldwide, in the Images regardless of whether you include them in your Account’s listing and you shall take no action to challenge or object to the validity of such rights or EatID’s ownership or registration thereof. You hereby acknowledge that EatID may use the Images for advertising, marketing, commercial, and other business purposes in any media or platform, whether in relation to your Account’s listing or otherwise, without further notice or compensation. Further, you hereby waive any and all moral rights you may have in the Images. At EatID’s request, you will execute documents and take such further acts as EatID may reasonably request to assist EatID to acquire, perfect, and maintain its intellectual property rights and other legal protection in the Images.

You understand that if EatID uses the term “Images” the term is intended only to indicate a photographic representation of persons or objects at the time the photograph was taken. Images are therefore not an endorsement by EatID of any User or any listing. Likewise, EatID does not commit to undertake efforts to ensure the adequacy, accuracy, completeness, or safety of listings posted through the Portal. We do not make any representations about, confirm, or endorse the adequacy, accuracy, completeness, or safety of any listing beyond the representations and warranties required herein from all Users.

EatID Content and User Content License. You acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Portal (including the Portal and Content, but excluding any User Content) are owned by EatID or EatID’s suppliers. The provision of access to the Portal or the subscription of an Account does not transfer to you or any third party any rights, title or interest in or to such intellectual property rights. EatID and its suppliers reserve all rights not granted in this Agreement.

Subject to your compliance with the provisions of these Terms, EatID grants you a limited, revocable, non-exclusive, non-transferable license, to access and view any EatID content solely for your personal and non-commercial purposes and access and view any User Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by EatID or its licensors, except for the licenses and rights expressly granted in these Terms.

User Content. You may not state or imply that your or other’s User Content is in any way provided, sponsored or endorsed by EatID. We may, in our sole discretion, permit you to post, upload, publish, submit or transmit content through our Portal reviews, feedback, and descriptions of your listings or experience with your listings (but excluding Images, which are dealt with separately above). By making available any content on or through the Portal, or through EatID promotional campaigns, you hereby grant to EatID a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, translate, distribute, license, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such content on, through, by means of or to promote or market the Portal. EatID does not claim any ownership rights in any such content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such content.

Copyright. If you think a User is violating your copyright(s) and want to notify us, you can find information about submitting notices on the official US Digital Millennium Copyright Act site online. We respond to notices of alleged copyright infringement and terminate Accounts of repeat infringers according to the process set out in the US Digital Millennium Copyright Act and similar laws.

Suspension and Termination. You may discontinue your use of the Portal at any time.

EatID may terminate or suspend your access to the Portal for any reason or no reason. Termination of access to the Portal will not release either party from any obligations incurred prior to the termination and EatID may retain and continue to use any information previously provided by you. Termination of this Agreement will not have any effect on the disclaimers, waiver or liability limitations, or legal disputes provisions under this Agreement, and all of those terms will survive any termination of this Agreement.

Disclaimers. EXCEPT AS OTHERWISE PROVIDED IN THESE TERMS, EATID IS NOT RESPONSIBLE FOR ANY OF THE ACTS OR OMISSIONS OF ANY OF THE USERS OF ITS PORTAL, THE GROUP IN WHICH THE LISTING IS FOUND, OR FOR ANY THIRD-PARTY PROVIDER OF THE LISTING. THE PORTAL INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS, AND INFORMATION MADE AVAILABLE ON, PROVIDED IN CONNECTION WITH OR ACCESSIBLE THROUGH THE PORTAL, IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WITHOUT LIMITING THE FOREGOING, EATID EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. EatID makes no warranty that the Portal, including, but not limited to, listings, groups or profiles, will meet your requirements or be available on an uninterrupted, secure, or error-free basis. EatID makes no warranty regarding the quality of any listing, profile, group, User, Image, the Portal, or any content or the accuracy, timeliness, truthfulness, completeness, or reliability of any content obtained through the Portal. No advice or information, whether oral or written, obtained from EatID or its service providers or through the Portal or content, will create any warranty not expressly made herein.

Limitation of Liability and Waiver. NEITHER EATID NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PORTAL WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OR PORTAL, FROM THE USE OF OR INABILITY TO USE THE PORTAL, OR FROM LISTINGS, GROUPS OR PROFILES VIA THE PORTAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU WAIVE ANY AND ALL RIGHTS YOU HAVE TO SUE OR MAKE CLAIMS AGAINST EATID AND ITS RESPECTIVE SUBSIDIARIES, DIRECTORS, OFFICERS, AGENTS, OR EMPLOYEES (THE “EATID PARTIES”) AND ANY EATID USER FOR ANY DAMAGES OR LOSSES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE PORTAL INCLUDING, WITHOUT LIMITATION, A LISTING, PROFILE OR GROUP BEING MISREPRESENTED, INADEQUATE, INACCURATE, INCOMPLETE OR UNSAFE.

THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN EATID AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

Indemnification. To the extent permitted by applicable law, you agree to release, defend, indemnify, and hold EatID and its subsidiaries, officers, directors, employees, and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Portal or your violation of these Terms; your User Content; Images; your interaction with any User, listings, groups or profiles; or the use of a listing or group by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential, or otherwise) of any kind arising in connection with or as a result of a listing, profile or group or use of a listing or group.

No Agency. EatID does not appoint you or any other User as its employee, mandatory, legal agent, or form any kind of legal partnership or joint venture. You are not authorized to make any commitments on behalf of EatID and EatID will not make commitments on your behalf, except as contemplated by the Portal or as expressly stated in this Agreement.

Security. The security of your personally identifiable information is important to us and our service providers. However, no method of transmission over the Internet, or method of electronic storage, is perfectly secure and our means of protecting your free access to the Portal is proportional to our small budget. While we strive to use providers that deploy commercially acceptable means to protect your personally identifiable information, we cannot guarantee its absolute security. We rely heavily on our service providers for security, notably on Heroku and Amazon Web Services, and have asked them to follow generally accepted industry standards to protect the personally identifiable information submitted to us, both during transmission and once we receive it. You acknowledge that any personally identifiable information you choose to make public on the Portal can of course not be protected.

General.

EatID’s failure to exercise or enforce any right or provision of the Terms will not be considered a waiver of that right or provision. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and remain enforceable between the parties. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. These Terms, including EatID’s policies referenced herein, constitute the entire agreement between you and EatID with respect to the use of your EatID Account and the Portal. Save as expressly provided herein, this Agreement is not intended and shall not be construed to create any rights or remedies in any parties other than you and EatID and no other person will have the ability to assert any rights as a third-party beneficiary under these Terms of Use.

You may not delegate your legal obligations or transfer any of your rights, in whole or in part, to any third party without advance written consent of EatID. You will remain responsible for your obligations hereunder in any event. An EatID Director or Officer must agree to any modification or waiver of any term of this Agreement in writing.

Notifications. EatID can be contacted at 6604 Bedford Ave, Los Angeles, CA 90056. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Portal of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at 1-800-952-5210.

Third Party Sites and Ads. EatID and its licensees may publicly display advertisements and other information adjacent to or included with User Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you. The Portal may contain links to third party sites and advertisements for third parties (collectively, “Third Party Sites and Ads”). Such Third Party Sites and Ads are not under the control of EatID and EatID is not responsible for any Third Party Sites and Ads. EatID provides these Third Party Sites and Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Sites and Ads. Advertisements and other information provided by Third Party Sites and Ads may not be wholly accurate. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. When you link to a Third Party Site and Ads, the applicable service provider’s terms and policies, including privacy and data gathering practices govern. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party. Your transactions and other dealings with Third Party Sites and Ads that are found on or through the Portal, including payment and delivery of related goods or services, are solely between you and such merchant or advertiser.

App Stores. You acknowledge and agree that the availability of the mobile applications (which are part and parcel of the Portal) is dependent on the third party from which you received the mobile applications, e.g., the Apple iTunes App Store, Google Play, and/or other app stores (“App Stores”). You acknowledge that this Agreement is between you and EatID and not with the App Stores. EatID, not the App Stores, is solely responsible for the Portal, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance, or intellectual property infringement). You agree to pay all fees charged by the App Stores in connection with the mobile applications. You agree to comply with, and your license to use the mobile applications is conditioned upon your compliance with, all applicable agreements, terms of use/service, and other policies of the App Stores. You acknowledge that the App Stores (and their subsidiaries) are a third party beneficiary of this Agreement and will have the right to enforce this Agreement.

Trademarks. EatID, Inc. owns the trademark “Selectivor” and all associated Selectivor trade names, service marks and logos. Selectivor trademarks and Selectivor logos may only be used in conjunction with goods and services produced by EatID, Inc. or with the express prior approval of EatID, Inc. All other trademarks used on the Portal are the property of their respective owners.

Privacy Statement 

Last revised 9-18-2017.  

EatID, together with service providers it uses such as Heroku and Amazon Web Services (all together with EatID, Inc. the “Company”), are committed to protecting the privacy of individuals who visit the Company’s Web sites (“Visitors”) and individuals who register to use the Portal as defined below (“Users”). This Privacy Statement describes EatID’s Web site privacy practices in relation to access to Company’s platform and the related applications and Portal offered by EatID (the “Portal”).

By submitting personally identifiable information through our Services, you agree to the terms of this Privacy Statement and you expressly consent to the processing of your personally identifiable information in accordance with our Privacy Policy.

EatID also enables its Users to use third-party services (referred to as “add-ons”) as part of running Web applications on the Company’s platform. When you share information with these third-party add-on services, the privacy statement of the third party applies. EatID’s Web sites may contain links to other Web sites. The information practices or content of such other Web sites is governed by the privacy statements of such other Web sites.

EatID reserves the right to change this Privacy Statement. EatID will provide notification of the material changes to this Privacy Statement through the Company’s Web sites at least thirty (30) business days prior to the change taking effect.

1. Data collected

When registering, or expressing an interest in obtaining additional information about the Portal, EatID may require you to provide the Company with personal contact information, such as name, address, phone number, and email address (“Contact Data”). Once registered and an account is opened, Users may choose to upload further personal information to the Portal that they will themselves render public at their own option and risk, such as name, birthday, gender, email, password, photo, food preferences (allergies, likes/dislikes, dietary info like religious, medical, popular diets), group preferences, social network info (contacts, groups, events, invite patterns, etc), event date and location, activity and log data (“User Data”). Contact Data and User Data is referred to collectively as “Data About Users”. User Data that is also Contact Data, shall be deemed User Data made public by User.

2.  Use of data collected

The Company uses Data About Users to enable the requested Portal functionalities. For example, if you fill out a Web form so that the Company may contact you, the Company will use the information provided to contact you about your interest in the Portal.

The Company may also use Data About Users for promotional or marketing purposes. For example, the Company may use information you provide to contact you to further discuss your interest in the Portal and to send you information regarding the Company and its partners, such as information about promotions or events.

3.  Sharing of Data Collected

EatID may share Data About Users with the Company’s contracted service providers so that these service providers can provide services on our behalf. Unless described in this Privacy Statement, EatID does not share, sell, rent, or trade any information provided with third parties for their promotional purposes.

The Company may share Data About Users with other companies in order to work with them, including affiliates. For example, the Company may need to share Data About Users for customer relationship management purposes.

From time to time, EatID may partner with other companies to jointly offer products or enable functionalities. If you purchase or specifically express interest in a jointly-offered product or service from EatID, the Company may share Data About Users collected in connection with your purchase or expression of interest with our joint promotion partner(s). EatID does not control our business partners’ use of the Data About Users we collect, and their use of the information will be in accordance with their own privacy policies. If you do not wish for your information to be shared in this manner, you may opt not to purchase or specifically express interest in a jointly offered product or service.

EatID reserves the right to use or disclose information provided if required by law or if the Company reasonably believes that use or disclosure is necessary to protect the Company’s rights and/or to comply with a judicial proceeding, court order, or legal process.

4.  International transfer of data collected

The Company’s service providers may store, transfer and access Data About Users around the world, including the United States and other countries in which the Company has operations. This Privacy Statement shall apply even if EatID transfers Data About Users to other countries.

5.  Communications preferences

EatID offers Users and Visitors who provide contact information a means to choose how the Company uses the information provided. You may manage your receipt of marketing and non-transactional communications by clicking on the “unsubscribe” link located on the bottom of the Company’s marketing emails. Additionally, you may send a request specifying your communications preferences to the email address indicated in Company’s Terms of Use. Users cannot opt out of receiving transactional or mandatory emails related to their account with EatID or the Portal.

6.  Correcting and updating your information

Users may update or change their registration information by editing their user or organization record. You can update your information on the Portal. For additional information not accessible from the Portal, you can make a request to the email address in Company’s Terms of Use. Requests to access, change, or delete this information will be handled within 60 days.

7.  Data retention

EatID retains the information we receive as described in this Privacy Statement above for reasonable duration, for example, as the case may be, for as long as needed to provide the Portal, comply with our legal obligations, resolve disputes, establish legal defenses, to conduct audits, pursue legitimate business purposes, and enforce our Agreements.

8.  Cookies

EatID sends cookies to your device in order to uniquely identify your browser and improve the quality of our service. A cookie is a small text file that is stored on a user’s device for record-keeping purposes such as site visitation. EatID may use both session cookies (which expire once you close your browser) and persistent cookies (which stay on your device until you delete them). Persistent cookies can be removed by following your browser help file directions. Should you opt to disable cookies, some areas of the Portal may not work properly or at all. EatID’s cookies are linked to your information, such as your nickname, email address and password. We enable some of our business partners to use cookies in conjunction with your use of the Portal (for example Google Analytics). EatID has no control over the use of these cookies. These cookies collect information about your use of the portal, such as which web site you arrived from, which pages were visited within the Portal, and possibly other sites you visit if those sites coordinate with the same third party, but do not collect your name, email address, contact information or other personally identifiable information that by itself would allow the third party to identify or contact you.

9. Tags

We may use pixel tags or web beacons in our emails to you to determine if your email software can display html-formatted emails so that we may optimize the size of our emails and conserve bandwidth.

10. Administrative Purposes

The information described above may be used for routine administrative purposes, such as investigating abuses on the Site, responding to user inquiries and enforcing and applying our Terms of Use.

11. Contacting Us

Questions regarding this Privacy Statement or the information practices of the Company’s Web sites should be directed to the email address in Company’s Terms of Use.

Complaints Handling Policy (Escalation Procedures)

Our Customer Support team will attempt to resolve all inquiries at the first point of contact.

If a policy or technical issue cannot be immediately resolved, we will provide you with a realistic time expectation of when the issue will be resolved.

Where an inquiry or technical issue has to be escalated to other departments, a case file will be raised, and the case will not be closed until you have been notified of the outcome.

Where an issue has not been resolved to your satisfaction, you may request for this issue to be escalated to our Executives who will review the issue as a priority. Our Customer Support staff will inform you of the outcome.

In some circumstances, such as those involving third-party suppliers or providers, it may not be possible to provide you with the exact time frame of when certain issues will be resolved. In these circumstances, our Customer Support staff will provide you with an estimated time of resolution, while providing ongoing updates until the final outcome.

Whenever a case has been escalated, we will endeavor to provide you with follow up responses within 24 hours, however such responses may take up to 72 hours to follow up when issue occurs across weekends and public holidays.

If at any time you require an update on any escalated complaint, please feel free to contact us at oliver@selectivor.com. If you have been assigned a case file reference (“ticket”), please provide us with your reference or ticket ID in your message.

Our Support staff at EatID strive to provide you with quality service, and we will use all reasonable means to resolve any outstanding issues in the most efficient and timely manner.

 

Take Down Policy

Procedure
EatID, Inc (‘we’, ‘us’ or ‘EatID’) takes the posting of any material which amounts to defamation, infringement of intellectual property or breach of our Terms seriously. The following procedure for giving us notice of any such material is incorporated into our Terms. To help us deal with such material quickly and effectively, we ask that you comply with the provisions set out in this Notice and Take Down Procedure.

We will review any Take Down Notice (as defined below) as soon as reasonably practicable and will act expeditiously to remove any material that we have reason to believe is defamatory, breaches the intellectual property rights of any third party and/or is otherwise in breach of our Code of Conduct and Terms of Use (‘Offending Material’). As part of our response, we may remove or disable access to any Offending Material found on our Servers. You authorize us to contact the person, firm, company or organization that submitted the Offending Material to alert them to the action we are taking.

A Take Down Notice or Counter-Notice is a legally significant document. You are recommended to take legal advice on your legal rights and obligations before giving a Take Down Notice or Counter Notice.

Take Down Notice
To be valid, a Take Down Notice must contain:

(a) sufficient information to enable us to identify the allegedly Offending Material. If there are large amounts of allegedly Offending Material, please provide a representative list of such materials, for example, copies of the infringing material and identifying information, such as the name of the account from which the material has been posted or contributed;

(b) sufficient information to enable us to identify and locate the allegedly Offending Material (for example by providing the date and time on which the material was made available on our Servers);

(c) identification of the person, company, organization targeted by the Offending Material, or the category of Offending Material (if no person, company or organization is targeted) and Your contact details so that we can contact you (for example, your address, telephone number, email address);

(d) your confirmation, given in good faith, that the material described in the Take Down Notice is Offending Material, that your Take Down Notice is true and accurate and that you are, or are authorized to act on behalf of, the party that has been harmed by and/or is complaining against the allegedly Offending Material; and

(e) Your physical or electronic signature.

Your Take Down Notice should be forwarded by email to oliver@selectivor.com.

If you use an anonymous email service and/or we have no way to contact you back, your complaint will not be valid and will be ignored.

Counter-Notice
If material that you have broadcast or posted to our Servers has been taken down, you may file a Counter-Notice. To be valid, a Counter-Notice should contain the following information:

(a) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;

(b) A statement that you believe in good faith that the material was removed or disabled as a result of mistake or misidentification of the material in question and that the material is not Offending Material;

(c) Your name, address and telephone number; and

(d) Your physical or electronic signature.

Your Counter-Notice should be forwarded by email to oliver@selectivor.com.

This Notice and Take Down Procedure and any dispute arising in any way in relation to our Servers will be governed by and construed in accordance with the laws of the United States. Use of our Servers is subject to our Terms of Use. This Notice and Take Down Procedure does not to exclude any other legal rights you or we may have. If you believe any material has been published that is defamatory, breaches your intellectual property rights and/or is otherwise in breach of our Terms of Use then you are also recommended to seek independent legal advice.