Privacy Policy

PRIVACY POLICY

1. Welcome to TheFoodCompany (TFC) platform run by TheFoodCompany Pte Ltd and its affiliates (individually and collectively, “TheFoodCompany (TFC)”, “we”, “us” or “our”). TheFoodCompany (TFC) takes its responsibilities under applicable privacy laws and regulations (“Privacy Laws”) seriously and is committed to respecting the privacy rights and concerns of all Users of our TheFoodCompany (TFC) website and mobile application (the “Platform”) (we refer to the Platform and the services we provide as described on our Platform collectively as the “Services”). Users refer to a user who registers for an account with us for the use of the Services, including Buyer and/or the Seller and/or Home-chef (individually and collectively, “Users”, “you” or “your”). We recognize the importance of the personal data you have entrusted to us and believe that it is our responsibility to properly manage, protect and process your personal data. This Privacy Policy (“Privacy Policy” or “Policy”) is designed to assist you in understanding how we collect, use, disclose and/or process the personal data you have provided to us and/or we possess about you, whether now or in the future, as well as to assist you in making an informed decision before providing us with any of your personal data. Personal Data” or “personal data” means data, whether true or not, about an individual who can be identified from that data, or from that data and other information to which an organization has or is likely to have access. Common examples of personal data could include name, identification number, and contact information.

2. By using the Services, registering for an account with us, visiting our Platform, or accessing the Services, you acknowledge and agree that you accept the practices, requirements, and/or policies outlined in this Privacy Policy, and you hereby consent to us collecting, using, disclosing and/or processing your personal data as described herein. IF YOU DO NOT CONSENT TO THE PROCESSING OF YOUR PERSONAL DATA AS DESCRIBED IN THIS PRIVACY POLICY, PLEASE DO NOT USE OUR SERVICES OR ACCESS OUR PLATFORM. If we change our Privacy Policy, we will notify you including by posting those changes or the amended Privacy Policy on our Platform. We reserve the right to amend this Privacy Policy at any time. To the fullest extent permissible under applicable law, your continued use of the Services or Platform, including the placing of any orders, shall constitute your acknowledgment and acceptance of the changes made to this Privacy Policy. This Policy applies in conjunction with other notices, contractual clauses, consent clauses that apply in relation to the collection, storage, use, disclosure and/or processing of your personal data by us and is not intended to override those notices or clauses unless we state expressly otherwise. This Policy applies to both Buyer and/or the Seller and/or Home-chef who use the Services except where expressly stated otherwise.

3. WHEN WILL THEFOODCOMPANY (TFC) COLLECT PERSONAL DATA?

3.1 We will/may collect personal data about you:

3.2 When you register and/or use our Services or Platform, or open an account with us;

3.3 When you submit any form, including, but not limited to, application forms or other forms relating to any of our products and services, whether online or by way of a physical form;

3.4 When you enter into any agreement or provide other documentation or information in respect of your interactions with us, or when you use our products and services;

3.5 When you interact with us, such as via telephone calls (which may be recorded), letters, fax, face-to-face meetings, social media platforms and emails, including when you interact with our customer service agents;

3.6 When you use our electronic services, or interact with us via our application or use services on our Platform. This includes, without limitation, through cookies which we may deploy when you interact with our application or website;

3.7 When you grant permissions on your device to share information with our application or Platform;

3.8 When you link your TheFoodCompany (TFC) account with your social media or other external account or use other social media features, in accordance with the provider’s policies;

3.9 When you carry out transactions through our Services;

3.10 When you provide us with feedback or complaints;

3.11 When you register for a contest; and/or

3.12 When you submit your personal data to us for any reason.

3.13The above does not purport to be exhaustive and sets out some common instances of when personal data about you may be collected.

3.14 We may collect personal data about you from you, our affiliates, third parties, and from other sources, including without limitation business partners (such as logistics or payment service providers), credit bureaus or scoring agencies, marketing service providers or partners, referral or loyalty programs, other users of our Services or publicly available or governmental sources of data.

3.15 In some situations, you may provide personal data of other individuals to us (such as your family members or friends or persons in your contact list). If you provide us with their personal data, you represent and warrant that you have obtained their consent for their personal data to be processed in accordance with this Policy.

4. WHAT PERSONAL DATA WILL THEFOODCOMPANY (TFC) COLLECT

4.1 The personal data that TheFoodCompany (TFC) may collect includes but is not limited to:

4.1.1 Name;

4.1.2 Email address;

4.1.3 Date of birth;

4.1.4 Billing and/or delivery address;

4.1.5 Bank account and payment information;

4.1.6 Telephone number;

4.1.7 Gender;

4.1.8 Information sent by or associated with the device(s) used to access our Services or Platform;

4.1.9 Information about your network, including your contact list when you share permissions on your device, and the people and accounts you interact with;

4.1.10 Photographs or audio or video recordings;

4.1.11 Government-issued identification or other information required for our due diligence, know your customer, identity verification, and/or fraud prevention purposes;

4.1.12 Marketing and communications data, such as your preferences in receiving marketing

5. HOW DOES THEFOODCOMPANY (TFC) PROTECT AND RETAIN CUSTOMER INFORMATION?

5.1 We implement a variety of security measures and strive to ensure the security of your personal data on our systems. User personal data is contained behind secured networks and is only accessible by a limited number of employees who have special access rights to such systems. However, there can inevitably be no guarantee of absolute security.

5.2 We will retain personal data in accordance with the Privacy Laws and/or other applicable laws. That is, we will destroy or anonymize your personal data when we have reasonably determined that (i) the purpose for which that personal data was collected is no longer being served by the retention of such personal data; (ii) retention is no longer necessary for any legal or business purposes; and (iii) no other legitimate interests warrant further retention of such personal data. If you cease using the Platform, or your permission to use the Platform and/or the Services is terminated or withdrawn, we may continue storing, using and/or disclosing your personal data in accordance with this Privacy Policy and our obligations under the Privacy Laws. Subject to applicable law, we may securely dispose of your personal data without prior notice to you.

6. DOES THEFOODCOMPANY (TFC) DISCLOSE THE INFORMATION IT COLLECTS FROM ITS VISITORS TO OUTSIDE PARTIES?

6.1 In conducting our business, we will/may need to use, process, disclose and/or transfer your personal data to our third-party service providers, agents and/or our affiliates or related corporations, and/or other third parties, which may be located in Singapore or outside of Singapore, for one or more of the above-stated Purposes. Such third-party service providers, agents and/or affiliates or related corporations and/or other third parties would be processing your personal data either on our behalf or otherwise, for one or more of the above-stated Purposes. We endeavor to ensure that the third parties and our affiliates keep your personal data secure from unauthorized access, collection, use, disclosure, processing, or similar risks and retain your personal data only for as long as your personal data is needed for the above-mentioned Purposes. Such third parties include, without limitation:

6.1.1 Our subsidiaries, affiliates, and related corporations;

6.1.2 Buyer and/or the Seller and/or Home-chef you have transacted with or interacted with on the Platform or in connection with your use of the Services for the above-stated Purposes;

6.1.3 Other users of our Platform for one or more of the above-stated Purposes;

6.1.4 Contractors, agents, service providers, and other third parties we use to support our business. These include but are not limited to those parties which provide administrative or other services to us such as mailing houses, logistics service providers, financial services providers, advertising and marketing partners, telecommunication companies, information technology companies, and data centers;

6.1.5 Governmental or regulatory authorities having jurisdiction over TheFoodCompany (TFC) or as otherwise permitted under Section 6.2;

6.1.6 A Buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of TheFoodCompany (TFC)’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal data held by TheFoodCompany (TFC) about our Service Users is among the assets transferred; or to a counterparty in a business asset transaction that TheFoodCompany (TFC) or any of its affiliates or related corporations is involved in; and

6.1.7 Third parties to whom disclosure by us is for one or more of the Purposes and such third parties would in turn be collecting and processing your personal data for one or more of the Purposes.

6.2 We may share user information, including statistical and demographic information, about our Users and information about their use of the Services with advertising partners and third-party suppliers of advertisements, remarketing, and/or other programming.

6.3 For the avoidance of doubt, in the event that Privacy Laws or other applicable laws permit an organization such as us to collect, use or disclose your personal data without your consent, such permission granted by the laws shall continue to apply. Consistent with the foregoing and subject to applicable law, we may use your personal data for recognized legal grounds including to comply with our legal obligations, to perform our contract with you, to achieve a legitimate interest and our reasons for using it outweigh any prejudice to your data protection rights, or where necessary in connection with a legal claim.

6.4 Third parties may unlawfully intercept or access personal data transmitted to or contained on the site, technologies may malfunction or not work as anticipated, or someone might access, abuse or misuse information through no fault of ours. We will nevertheless deploy reasonable security arrangements to protect your personal data as required by the Privacy Laws; however, there can inevitably be no guarantee of absolute security such as but not limited to when unauthorized disclosure arises from malicious and sophisticated hacking by malcontents through no fault of ours.

6.5 TheFoodCompany (TFC) allows you to share or upload videos from YouTube in the TheFoodCompany (TFC) uploading feature (“YouTube Content”). To facilitate this, TheFoodCompany (TFC) uses YouTube API Services made available by YouTube. By sharing YouTube Content, you hereby agree to be bound by the Google Privacy Policy (http://www.google.com/policies/privacy).

6.6 As set forth in TheFoodCompany (TFC)’s Terms of Service, Users (including any employees, agents, representatives, or any other person acting for such User or on such User’s behalf) in possession of another User’s personal data through the use of the Services (the “Receiving Party”) hereby agree that, they will (i) comply with all applicable Privacy Laws with respect to any such data, including any collection, processing, storage, or transfer of such data; (ii) allow TheFoodCompany (TFC) or the User whose personal data the Receiving Party has collected (the “Disclosing Party”) to remove his or her data so collected from the Receiving Party’s database; and (iii) allow TheFoodCompany (TFC) or the Disclosing Party to review what information has been collected about them by the Receiving Party, in each case of (ii) and (iii) above, in compliance with and where required by applicable laws.

6.7 Notwithstanding anything set forth herein, home chefs (including any employees, agents, representatives, or any other person acting for such User or on such User’s behalf) shall comply with all applicable Privacy Laws and, in respect of any Buyer personal data received from TheFoodCompany (TFC), (i) are not permitted to use such Buyer personal data except as reasonably necessary to respond to Buyer inquiries and to carry out respond to, process, deal with or complete a transaction without the Buyer and TheFoodCompany (TFC)’s prior written consent; (ii) should refrain from contacting Buyer using such information outside of the TheFoodCompany (TFC) platform; (iii) are not permitted to disclose such Buyer personal data to any unauthorized third parties without the Buyer and TheFoodCompany (TFC) prior written consent; (iv) shall employ sufficient security measures to protect each TheFoodCompany (TFC) user’s personal data in their possession, retain such data only for as long as necessary for the purposes above and in accordance with the Privacy Laws, and to delete or return such data to TheFoodCompany (TFC) upon any request from TheFoodCompany (TFC) or as soon as reasonably possible upon completion of the transaction; and (v) to inform TheFoodCompany (TFC)’s Personal Data Protection Officer at info@TheFoodCompany.sg in the event of any potential data breach or other loss of such user’s data.

7. INFORMATION ON CHILDREN

7.1 The Services are not intended for children under the age of 13. We do not knowingly collect or maintain any personal data or non-personally-identifiable information from anyone under the age of 13 nor is any part of our Platform or other Services directed to children under the age of 13. As a parent or legal guardian, please do not allow such children under your care to submit personal data to TheFoodCompany (TFC). In the event that personal data of a child under the age of 13 in your care is disclosed to TheFoodCompany (TFC), you hereby consent to the processing of the child’s personal data and accept and agree to be bound by this Policy on behalf of such child. We will close any accounts used exclusively by such children and will remove and/or delete any personal data we believe was submitted without parental consent by any child under the age of 13.

8. INFORMATION COLLECTED BY THIRD PARTIES

8.1 Our Platform uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses cookies, which are text files placed on your device, to help the Platform analyze how Users use the Platform. The information generated by the cookie about your use of the Platform (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of the Platform, compiling reports on website activity for website operators and providing other services relating to website activity and Internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. Google will not associate your IP address with any other data held by Google.

8.2 We, and third parties, may from time to time make software applications downloads available for your use via the Platform or through the Services. These applications may separately access, and allow a third party to view, your identifiable information, such as your name, your user ID, your device’s IP Address or other information such as any cookies that you may previously have installed or that were installed for you by a third-party software application or website. Additionally, these applications may ask you to provide additional information directly to third parties. Third-party products or services provided through these applications are not owned or controlled by TheFoodCompany (TFC). You are encouraged to read the terms and other policies published by such third parties on their websites or otherwise.

9. DISCLAIMER REGARDING SECURITY AND THIRD-PARTY SITES

9.1 WE DO NOT GUARANTEE THE SECURITY OF PERSONAL DATA AND/OR OTHER INFORMATION THAT YOU PROVIDE ON THIRD-PARTY SITES. We do implement a variety of security measures to maintain the safety of your personal data that is in our possession or under our control. Your personal data is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems and are required to keep the personal data confidential. When you place orders or access your personal data, we offer the use of a secure server. All personal data or sensitive information you supply is encrypted into our databases to be only accessed as stated above.

9.2 In an attempt to provide you with increased value, we may choose various third-party websites to link to and frame within the Platform. We may also participate in co-branding and other relationships to offer e-commerce and other services and features to our visitors. These linked sites have separate and independent privacy policies as well as security arrangements. Even if the third party is affiliated with us, we have no control over these linked sites, each of which has separate privacy and data collection practices independent of us. Data collected by our co-brand partners or third-party websites (even if offered on or through our Platform) may not be received by us.

9.3 We, therefore, have no responsibility or liability for the content, security arrangements (or lack thereof), and activities of these linked sites. These linked sites are only for your convenience, and you, therefore, access them at your own risk. Nonetheless, we seek to protect the integrity of our Platform and the links placed upon each of them and therefore welcome any feedback about these linked sites (including, without limitation, if a specific link does not work).

10. WILL THEFOODCOMPANY (TFC) TRANSFER YOUR INFORMATION OVERSEAS?

10.1 Your personal data and/or information may be transferred to, stored, or processed outside of your country for one or more of the Purposes. TheFoodCompany (TFC) will only transfer your information overseas in accordance with Privacy Laws.

11. HOW CAN YOU WITHDRAW CONSENT, REQUEST ACCESS TO OR CORRECT INFORMATION YOU HAVE PROVIDED TO US?

11.1 Withdrawing Consent

11.1.1 You may withdraw your consent for the collection, use, and/or disclosure and/or request deletion of your personal data in our possession or under our control by sending an email to our Personal Data Protection Officer at info@TheFoodCompany.sg, and we will process such requests in accordance with this Privacy Policy and our obligations under the Privacy Laws and other applicable law. However, your withdrawal of consent may mean that we will not be able to continue providing the Services to you and we may need to terminate your existing relationship and/or the contract you have with us.

11.1.2 Where you share YouTube Content, in addition to withdrawing your consent by emailing us pursuant to Section 13.1.1, you may also revoke TheFoodCompany (TFC)’s access to your personal data via the Google security settings page at https://security.google.com/settings/security/permissions.

11.2 Requesting Access to or Correction of Personal Data

11.2.1 If you have an account with us, you may personally access and/or correct your personal data currently in our possession or control through the Account Settings page on the Platform. If you do not have an account with us, you may request to access and/or correct your personal data currently in our possession or control by submitting a written request to us. We will need enough information from you in order to ascertain your identity as well as the nature of your request so as to be able to deal with your request. Hence, please submit your written request by sending an email to our Personal Data Protection Officer at info@TheFoodCompany.sg We may charge you a reasonable fee for the handling and processing of your requests to access your personal data. If we so choose to charge, we will provide you with a written estimate of the fee we will be charging. Please note that we are not required to respond to or deal with your access request unless you have agreed to pay the fee.

11.2.2 We reserve the right to refuse to correct your personal data in accordance with the provisions as set out in Privacy Laws, where they require and/or entitle an organization to refuse to correct personal data in stated circumstances.