CAlifornia Privacy Notice
Effective Date: October 14th, 2021
This CA Privacy Notice (the “CA Notice”) supplements the information contained in our
Privacy Policy and applies solely to individual residents of the State of California ("consumers" or "you"). This CA Notice describes how we collect, use, disclose, and otherwise process personal information of individual residents of the State of California, either online or offline, within the scope of the California Consumer Privacy Act of 2018 ("CCPA").
Unless otherwise expressly stated, all terms in the CA Notice have the same meaning as defined in our Privacy Policy or as defined in the CCPA.
When we use the term “personal information” in this CA Notice, we mean information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. The term does not include information relating to job applicants, employees, contractors, delivery partners or other personnel of Orion Software; publicly available information from government records; deidentified, aggregated or anonymized information that is maintained in a form that is not capable of being associated with or linked to you; or any other information excluded from the CCPA’s scope (e.g. certain types of health or medical information). Any terms defined in the CCPA have the same meaning when used in this CA Notice
We collect personal information in connection with our Platform and Services for various purposes. For example, we use personal information to:
- Process your transactions or fulfill your requests
- Communicate with you
- Inform our marketing and advertising activities
- Optimize and improve our products and Services and to develop new products and Services
- For other business, operational and commercial purposes described in our Privacy Policy.
Please review the following sections of the Privacy Policy to learn more about the personal information we collect and the purposes for which we collect it: “Personal Information We Collect” and “How We Use Your Personal Information.”
In the last 12 months, we have collected the following categories of personal information:
Category of Information Collected
Transaction Information
e.g., name, email address, postal address, phone number, wireless device address, account username or screen name, and password
- Directly from you
- Automatically generated or collected during your use of our Platform (e.g. by your browser or device)
- Our affiliates and third parties, including third parties you direct to share information with us (e.g. social networks)
California Customer Records
(Cal. Civ. Code § 1798.80(e)), such as your name, address, phone number, credit card number or other payment account number (including the three [3] or four [4] digit validation code for your credit card).
- Directly from you
- Automatically generated or collected during your use of our Platform (e.g. by your browser or device)
- Our affiliates and third parties, including third parties you direct to share information with us (e.g. social networks)
Protected Classification Characteristics
e.g., age, gender or demographic group.
Solely if you participate in a voluntary survey*
Commercial Information
such as your ordering history, record of shopping or purchasing tendencies, and loyalty status or progress.
- Directly from you
- Automatically generated or collected during your use of our Platform (e.g. by your browser or device)
- Our affiliates and third parties, including third parties you direct to share information with us (e.g. social networks)
Internet/Network Information
Such as your browsing history, search history, and information regarding your interaction with the Platform.
- Automatically generated or collected during your use of our Platform (e.g. by your browser or device)
Geolocation Data
Such as information about your physical location collected from geolocation features on your device, including your IP address and GPS (e.g. latitude and/or longitude).
- Directly from you
- Automatically generated or collected during your use of our Platform (e.g. by your browser or device)
Sensory Information
Such as recorded calls with our customer care teams.
Inferences
Including information generated from your use of the Platform reflecting your preferences.
- Automatically generated or collected during your use of our Platform (e.g. by your browser or device)
*Orion Software or service providers performing research on our behalf may collect information through voluntary surveys. The surveys may ask about background and behavior, including demographics information, to help us understand how our consumers use our Platform and Services. This data is collected on a voluntary basis. Anyone can decline to participate in our voluntary surveys.
We maintain all communications resulting from your interactions with us or with Delivery Partners by email, phone, mail or chat. We also record comments and opinions you express when responding to surveys, entering a sweepstakes or taking part in promotions we run. We use all of the foregoing communications to address your questions, issues and concerns and provide other related customer support services, for safety and security purposes, to improve our Services, and for analytics.
The categories of third parties to whom we sell or disclose your personal information for a business purpose include:
- Our affiliates
- Restaurant partners
- Our service providers and contractors, including our delivery partners
- Marketing and promotional partners
- Ad networks and advertising partners
- Analytics providers
- Social networks
We may also disclose personal information to third parties at your direction or upon your request, in connection with a corporate business transaction, or to comply with legal or contractual obligations, as described in our Privacy Policy.
In the last 12 months, we have disclosed for a business purpose all of the categories of personal information we collect, explained in the chart above.
In the last 12 months, we have sold the following categories of personal information to third parties, subject to your settings and preferences and your Right to Opt-out:
- Identifiers, such as your name, email address and similar identifiers
- CA Customer Categories, such as your name, phone number and delivery address
- Commercial Information, such as order history and purchase tendencies
- Marketing and promotional partners
- Ad networks and advertising partners
- Analytics providers
- Social networks
In addition, as is common practice among companies that operate online, we permit third party advertising networks, social media companies and other third party businesses to collect and disclose your personal information (including Internet / Network Information, Geolocation Data, Commercial Information, and Inferences) directly from your browser or device through cookies or tracking technologies when you visit or interact with our websites, use our apps or otherwise engage with us.
CCPA Consumer Privacy Rights
Without being discriminated against for exercising these rights, California residents have the right to request that we disclose what Personal Information we collect from you, to delete that information, and to opt-out of the sale of your Personal Information, subject to certain restrictions. You also have the right to designate an agent to exercise these rights on your behalf. This section describes how to exercise those rights and our process for handling those requests. To the extent permitted by applicable law, we may charge a reasonable fee to comply with your request.
Right to Know
California residents have the right to request that we disclose what categories of your Personal Information that we collect, use, or sell. You may also request the specific pieces of Personal Information that we have collected from you. However, we may withhold some Personal Information where the risk to you or our business is too great to disclose the information.
Right to Delete
You may also request that we delete any Personal Information that we have collected from you. However, we may retain Personal Information necessary to (a) protect our business, systems, and users from fraudulent activity, (b) to address technical issues that impair existing functionality, (c) ensure that we or others can exercise their free speech or other rights, (d) comply with law enforcement requests pursuant to lawful process, (e) for our own internal purposes reasonably related to your relationship with us, or to comply with legal obligations. Additionally, we need certain types of information so that we can provide our Services to you. If you ask us to delete it, you may no longer be able to access or use our Services.
Right to Opt-out
You have the right to direct us not to sell (as that term is defined by the CCPA) personal information we have collected about you to third parties now or in the future.
Right to Nondiscrimination
If you choose to exercise your rights, we will not charge you different prices or provide different quality of services unless those differences are related to your personal information. That is, if the exercise of these rights limits our ability to process personal information (such as in the case of a deletion request), we may no longer be able to provide you our products and Services or engage with you in the same manner.
"Shine the Light"
California residents that have an established business relationship with us have the right to request and obtain from us once a year, free of charge, a list of the third parties to whom we have disclosed their personal information (if any) for such third party's direct marketing purposes in the prior calendar year, as well as the type of personal information disclosed to those third parties under California’s “Shine the Light” law (Civ. Code § 1798.83).
Exercise Your Right to Know or Right to Delete
You may submit a request to exercise your California Privacy Rights below. We will need to verify your identity before processing your request, which may require us to request additional personal information from you or require you to log into your account. We will only use personal information provided in connection with a California Privacy Rights request to review and comply with your request. You may also designate an authorized agent to make requests on your behalf. In order to be able to act, authorized agents must submit a request using the email address below and provide sufficient evidence to demonstrate that the requestor is an authorized agent with written permission to act on your behalf.In certain circumstances, we may decline a request to exercise the Right to Know or Right to Delete described above, particularly where we are unable to verify your identity. If we are unable to comply with all or a portion of your request, we will explain the reasons for declining to comply with the request.
To exercise your Right to Know and/or your Right to Delete, please submit a request by emailing
info@orionsoftware.co with the subject line "California Privacy Rights Request."
Exercise Your Right to Opt-Out
Unless you have exercised your Right to Opt-out, we may disclose or “sell” your personal information to third parties for monetary or other valuable consideration. The third parties to whom we sell personal information may use such information for their own purposes in accordance with their own privacy policies. Remember, CCPA defines data “sales” broadly. While Orion Software may disclose or otherwise share your personal information with select third parties, we do not sell your data to third parties in the traditional sense of the word, including collecting, compiling and then selling your data to data brokers, data resellers or other similar parties.
To exercise your Right to Know and/or your Right to Op-out, please submit a request by emailing
info@orionsoftware.co with the subject line "California Privacy Rights Opt-out Request"
You do not need to create an account with us to exercise your Right to Opt-out. However, we may ask you to provide additional personal information so that we can properly identify you to track compliance with your opt-out request. We will only use personal information provided in an opt-out request to review and comply with the request. If you choose not to provide this information, we may only be able to process your request to the extent we are able to identify you in our data systems.
Once you make an opt-out request,
you may not opt back in to personal information sales.Minors
We do not sell the personal information of consumers we know to be less than 16 years of age, unless we receive affirmative authorization (the "Right to Opt In") from either the minor who is between 13 and 16 years of age, or the parent or guardian of a minor less than 13 years of age. Please contact us at
info@orionsoftware.co to inform us if you, or your minor child, are under the age of 16. If you are a California resident under the age of 18 and want to remove your personal information from our publicly-displayed content, you can contact us directly at
info@orionsoftware.co; however, we may not be able to modify or delete your information in all circumstances.
"Shine the Light" disclosures.
California's "Shine the Light" law (Civil Code Section §1798.83) provides certain rights to California residents that have an established business relationship with us with regard to the disclosure of certain types of personal information to third parties for their direct marketing purposes. To opt-out of having your personal information disclosed to third parties for their direct marketing purposes, please email us at
info@orionsoftware.co.
We will update this CA Notice from time to time. When we make changes to this CA Notice, we will change the "Effective" date at the beginning of this notice. All changes shall be effective from the date of publication unless otherwise provided in the notification. If you do not cancel your Account before the date the revised CA Notice becomes effective, you will be subject to the revised CA Notice.
If you have any questions or requests in connection with this CA Privacy Notice or other privacy-related matters, please send an email to
info@orionsoftware.coAlternatively, inquiries may be address to:
Orion Software, LLC
44 W Broadway, Ste 230
Eugene, OR 97401
United States
Please note that email communications will not necessarily be secure; accordingly, please do not include credit card information and/or other sensitive personal information in your email correspondence with us.
