Legal

Privacy Policy

We at The Culinistas know you care about how your personal information is used and shared, and we take your privacy seriously. Please read the following to learn more about our Privacy Policy. By using or accessing the Services in any manner, you acknowledge that you accept the practices and policies outlined in this Privacy Policy, and you hereby consent that we may collect, use, and share your information in the following ways. References to “The Culinistas” or “we”, “us” or “our” herein means The Culinistas Inc., a Delaware corporation.

Our Services (the “Services”) include private chef services, certain software and online tools, this website, and mobile applications that facilitate and enhance our Services, as well as related services that we may offer from time to time.

Remember that in order to access and use our Services, you must agree to our Terms and Conditions, establishing the use, disclaimers and limitations of liability governing the use of the Services and this website, at https://www.theculinistas.com/terms/ (“Terms”). Any terms we use in this Policy without defining them have the definitions given to them in the Terms.

What does this Privacy Policy cover?

This Privacy Policy covers our treatment of Personal Information that we gather when you are accessing or using our Services, but not to the practices of companies we don't own or control, or people that we don't manage. As used in this Privacy Policy, “Personal Information” means any information or set of information about an identified or identifiable natural person, where an identifiable natural person is one who can be identified by all means reasonably likely to be used by any person to identify the natural person directly or indirectly. “Personal Information” does not include information that is not associated with an identified or identifiable individual or information that is reported in the aggregate (provided that such aggregated information is not identifiable to a natural person), and does not include information as to which identifying characteristics have been removed without means reasonably likely to be used by any person to re-identify the natural person directly or indirectly.

We gather various types of Personal Information from our users, as explained in more detail below, and we use this Personal Information internally in connection with our Services, including to personalize, provide, and improve our services, to allow you to set up a user account and profile, to contact you and allow other users to contact you, to fulfill your requests for certain products and services, and to analyze how you use the Services. In certain cases, we may also share some Personal Information with third parties, but only as described below.

By registering for an account and using the Services, you expressly represent and warrant that you are at least 18 years old. In addition, in compliance with the requirements of the federal COPPA (Children’s Online Privacy Protection Act), we do not knowingly collect or solicit personal information from anyone under the age of 13. If you are under 13, please do not send any Personal Information about yourself to us. If we learn that we have collected personal information from a child under age 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us Personal Information, please contact us at q@theculinistas.com.

Will The Culinistas ever change this Privacy Policy?

We're constantly trying to improve our Services, so we may need to change this Privacy Policy from time to time as well, but we will alert you to changes by placing a notice on the theculinistas.com site, by sending you an email, and/or by some other means. Please note that if you've opted not to receive notice emails from us (or you haven't provided us with your email address), those legal notices will still govern your use of the Services, and you are still responsible for reading and understanding them. If you use the Services after any changes to the Privacy Policy have been posted, that means you agree to all of the changes. Use of information we collect now is subject to the Privacy Policy in effect at the time such information is collected.

What Information does The Culinistas collect and how do we use it?

Information You Provide to Us:

We receive and store any information you knowingly provide to us. For example, through the registration process and/or through your account settings, you may provide us Personal Information such as your name, email address, phone number, and third-party account credentials (for example, your log-in credentials for Facebook or other third party sites). If you provide your third-party account credentials to us or otherwise sign in to the Services through a third party site or service, you understand that some content and/or information in those accounts ("Third Party Account Information") may be transmitted into your account with us if you authorize such transmissions, and that Third Party Account Information transmitted to our Services is covered by this Privacy Policy. Certain information such as dietary specifications may be required to register with us or to take advantage of some of our features.

We may communicate with you if you've provided us the means to do so. For example, if you've given us your email address, we may use your information to market to you our services and those of our affiliates, partners and third parties or email you about your use of the Services. Also, we may receive a confirmation when you open an email from us. This confirmation helps us make our communications with you more interesting and improve our services. If you do not want to receive communications from us, please indicate your preference by clicking the unsubscribe links in our emails. We may also send you certain Services and administrative notices, which are not subject to opt out.

Information Collected Automatically

Whenever you interact with our Services, we automatically receive and record information on our server logs from your browser or device, which may include your IP address, geo-location data, device identification, "cookie" information, the type of browser and/or device you're using to access our Services, and the page or feature you requested. This information may also include Cookies, web bugs, device information, and navigational data like Uniform Resource Locators (URLs), which we may use to gather information regarding the date and time of your visit, as well as your geo-location (from your IP address). "Cookies" are identifiers we transfer to your browser or device that allow us to recognize your browser or device and tell us how and when pages and features in our Services are visited and by how many people. Session Cookies do not track where you have been on the internet and do not gather information about you that could be used for marketing purposes. Session Cookies are only stored for the duration of your visit to the Website and are deleted from your device when you close your browser. Persistent Cookies are saved on your device for a fixed period of time after you close your browser and are activated each time you visit our Website. Persistent Cookies can be removed by following your Internet browser help file directions. Please note, however, that if you choose to disable persistent Cookies, you may experience session errors and may need to log-in again each time you use the Services.

Our advertising partners may also transmit cookies to your browser or device, when you click on ads that appear on the Services. Also, if you click on a link to a third party website or service, a third party may also transmit cookies to you. This Privacy Policy does not cover the use of cookies by any third parties, and we are not responsible for third parties’ privacy policies and practices. Cookies placed by third parties may continue to track your activities online even after you have left our Services, and those third parties may not honor "Do Not Track" requests you have set using your browser or device.

We may use this data to customize content for you that we think you might like, based on your usage patterns. We may also use it to improve the Services – for example, this data can tell us how often users use a particular feature of the Services, and we can use that knowledge to make the Services interesting to as many users as possible.

Google Analytics

We may use Google Analytics to help analyze how our users use the Services. Google Analytics uses cookies to collect information such as how often our users visit the Service, what pages they visit, and what other sites they used prior to coming to the Service. We may use the information we get from Google Analytics to improve our Service or to send you promotional messages about our Services. Google Analytics collects the IP address assigned to you on the date you visit the Service, but not your name or other personally identifying information. We do not combine the information generated through the use of Google Analytics with any personally identifying information. Although Google Analytics plants a persistent Cookie on your web browser to identify you as a unique user the next time you visit the Service, the Cookie cannot be used by anyone but Google. Google's ability to use and share information collected by Google Analytics about your visits to the Service is restricted by the Google Analytics Terms of Use and the Google Privacy Policy. You may find additional information about Google Analytics at www.google.com/policies/privacy/partners/. Finally, you can opt out of Google Analytics by using the following add-on: https://tools.google.com/dlpage/gaoptout/.

Information Collected From Other Websites and Do Not Track Policy

Through cookies we place on your browser or device, we may collect information about your online activity after you leave our Services. Just like any other usage information we collect, this information allows us to improve the Services and customize your online experience, and otherwise as described in this Privacy Policy. Your browser may offer you a "Do Not Track" option, which allows you to signal to operators of websites and web applications and services (including behavioral advertising services) that you do not wish such operators to track certain of your online activities over time and across different websites. Our Services do not support Do Not Track requests at this time, which means that we collect information about your online activity both while you are using the Services and after you leave our Services.

Will The Culinistas share any of the Personal Information it receives?

We do not rent or sell your Personal Information in personally identifiable form to anyone. However, we may share your Personal Information (including in personally identifiable form) with third parties, but only in the specific instances described in this section:

Information that's been de-identified. We may de-identify your Personal Information so that you are not identified or identifiable as an individual, and provide that information to our partners. We may also provide aggregate usage information to our partners (or allow partners to collect that information from you), who may use such information to understand how often and in what ways people use our Services, so that they, too, can provide you with an optimal online experience. However, we never disclose aggregate usage or de-identified information to a partner (or allow a partner to collect such information) in a manner that would identify you as an individual person.

Agents: We employ other companies and people to perform tasks on our behalf and need to share your information with them to provide products or services to you; for example, we may use a payment processing service to receive and process your credit card transactions for us. Our agents do not have any right to use the Personal Information we share with them beyond what is necessary to assist us. An "agent" may also be considered a "partner" in certain circumstances, and would be subject to the terms above under "Information that's been de-identified"

Advertisers: We allow advertisers and/or merchant partners ("Advertisers") to choose the demographic information of users who will see their advertisements and/or promotional offers and you agree that we may provide any of the information we have collected from you in non-personally identifiable form to an Advertiser, in order for that Advertiser to select the appropriate audience for those advertisements and/or offers. For example, we might use the fact you are located in New York City to show you ads or offers for New York City businesses, but we will not tell such businesses who you are. Or, we might allow Advertisers to display their ads to users with similar usage patterns to yours, but we will not disclose usage information to Advertisers except in aggregate form, and not in a manner that would identify you personally. Note that if an advertiser asks us to show an ad to a certain audience or audience segment and you respond to that ad, the advertiser may conclude that you fit the description of the audience they were trying to reach and therefore be able to identify you as associated with those characteristics.

We may deliver a file to you through the Services (known as a "web beacon") from an ad network. Web beacons allow ad networks to provide anonymized, aggregated auditing, research and reporting for us and for advertisers. Web beacons also enable ad networks to serve targeted advertisements to you when you visit other websites. Because your web browser must request these advertisements and web beacons from the ad network's servers, these companies can view, edit, or set their own cookies, just as if you had requested a web page from their site. You may be able to opt-out of web beacon tracking conducted by third parties through our Services by adjusting the Do Not Track settings on your browser; we don't control whether or how these third parties comply with Do Not Track requests.

Affiliated Businesses: In certain situations, businesses or third party websites with whom we are affiliated may sell or provide products or services to you through or in connection with the Services (either alone or jointly with us). You can recognize when an affiliated business is associated with such a transaction or service, and we will share your Personal Information with that affiliated business only to the extent that it is related to such transaction or service. One such service may include the ability for you to automatically transmit Third Party Account Information to your Services profile or to automatically transmit information in your Services profile to your third party account. We have no control over the policies and practices of third party websites or businesses as to privacy or anything else, so if you choose to take part in any transaction or service relating to an affiliated website or business, please review all such businesses' or websites' policies.

User Profiles and Submissions: Certain user profile information, including your name, location, and any video or image content that such user has uploaded to the Services, may be displayed to other users to facilitate user interaction within the Services or address your request for our services. Your account privacy settings may allow you to limit the other users who can see the Personal Information in your user profile and/or what information in your user profile is visible to others. Please remember that any content you upload to your public user profile, along with any Personal Information or content that you voluntarily disclose online in a manner other users can view (on discussion boards, in messages and chat areas, etc.) becomes publicly available, and can be collected and used by anyone. Your user name may also be displayed to other users if and when you send messages or comments or upload images or videos through the Services and other users can contact you through messages and comments. Additionally, if you sign into the Services through a third party social networking site or service, your list of "friends" from that site or service may be automatically imported to the Services, and such "friends," if they are also registered users of the Services, may be able to access certain non-public information you have entered in your Services user profile. We do not control the policies and practices of any other third party site or service.

Business Transfers: We may disclose your information (a) to an individual or company that merges with us, acquires us, or purchases our assets, in which case such individual or company may continue to process your information as set forth in this Privacy Policy and/or (b) to a parent company, any subsidiaries, joint ventures, or other companies under a common control (collectively, “Affiliates”), provided that we require our Affiliates to honor this Privacy Policy. Also, if we (or our assets) are acquired, or if we go out of business, enter bankruptcy, or go through some other change of control, your information could be one of the assets transferred to or acquired by a third party.

Protection of The Culinistas and Others: We reserve the right to access, read, preserve, and disclose any information that we [reasonably] believe is necessary to comply with law or court order; enforce or apply our Terms and other agreements; or protect the rights, property, or safety of The Culinistas, our employees, our users, or others.

Is Personal Information about me secure?

Your account is protected by a password for your privacy and security. If you access your account via a third party site or service, you may have additional or different sign-on protections via that third party site or service. You must prevent unauthorized access to your account and Personal Information by selecting and protecting your password and/or other sign-on mechanism appropriately and limiting access to your computer or device and browser by signing off after you have finished accessing your account.

We follow generally accepted industry standards to protect the information submitted to us, both during transmission and once we receive it. Taking into account the risks involved in the processing and the nature of the information we process, we maintain appropriate administrative, technical and physical safeguards to protect information in our possession against accidental or unlawful destruction, accidental loss, unauthorized alteration, unauthorized disclosure or access, misuse, and any other unlawful form of processing. This includes, for example, firewalls, encryption, password protection and other access and authentication controls. Your private financial information (credit or debit cards) will not be stored on our servers. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. We cannot ensure or warrant the security of any information you transmit to us or store on the Service, and you do so at your own risk. We also cannot guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards. If you believe your information has been compromised, please contact us as set forth in the “How to Contact Us” section below.

What Personal Information can I access?

Through your account settings, you may access, and, in some cases, edit or delete the Personal Information you've provided to us.

The Personal Information you can view, update, and delete may change as the Services change. If you have any questions about viewing or updating information we have on file about you, please contact us at q@theculinistas.com.

Under California Civil Code Sections 1798.83-1798.84, California residents may be entitled to contact us to prevent disclosure of Personal Information to third parties for such third parties' direct marketing purposes; in order to submit such a request, please contact us at q@theculinistas.com.

What choices do I have?

You can always opt not to disclose Personal Information to us, but keep in mind some Personal Information may be needed to register with us or to take advantage of some of our features.

You may be able to add, update, or delete information as explained above. When you update information, updates will be reflected in active user databases (as updated with a reasonable period of time). However, we may maintain a copy of the unrevised information in our records for backups, archiving, prevention of fraud and abuse, analytics, and satisfaction of other legal obligations we reasonably believe applicable. You may request deletion of your account by contacting The Culinistas at q@theculinistas.com and asking us to delete your account. Some information may remain in our records after your deletion of such information from your account. We may use any aggregated data derived from or incorporating your Personal Information after you update or delete it, but not in a manner that would identify you personally.

Disputes and Choice of Law and Location for Resolving Disputes

If you believe that we have not adhered to the Privacy Policy, please contact us by e-mail at q@theculinistas.com. We will do our best to address your concerns. If you feel that your complaint has been addressed incompletely, we invite you to let us know for further investigation.

The laws of the State of New York govern this contract and any claim or dispute that you may have against us, without regard to New York State’s conflict of laws principles, and that the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. Any disputes or claims that you may have with or against us will be resolved exclusively by a court located in New York County, New York, and you agree and submit to the exercise of personal and subject matter jurisdiction of the federal and state courts located in New York County, New York for the purpose of litigating any such claim or action.

Note to International Users

Our Website is hosted and our Services are provided in the United States of America. If you are accessing the Website or Service from the European Union, Asia or any other jurisdiction with laws or regulations governing personal data collection, use, and disclosure which differ from United States laws or regulations, please be advised that through your use of the Website and Services, you are transferring your personal information to the United States of America and you consent to that transfer. We recognize the worldwide availability of the internet and, inevitably, that our Website and the Service may be viewed or accessed by individuals in countries other than the United States of America. Accordingly, we have made and will continue to make every effort to make our Website and Services comply with the laws of all reasonably foreseeable jurisdictions where our users may reside. Nonetheless, we do not represent or warrant that the Services, or any part thereof is appropriate or available for use in any particular jurisdiction. Those who choose to use the Website and/or access the Services do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. We may limit the availability of the Website and the Services in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.

How to Contact Us?

If you have any questions or concerns regarding our privacy policies, please send us a detailed message to q@theculinistas.com, and we will try to resolve your concerns.