IMPORTANT NOTE FOR EUROPEAN USERS AND CUSTOMERS
WHAT IS PERSONAL INFORMATION?
As used herein, the term “Personal Information” means information that specifically identifies an individual (such as a name, address, telephone number, mobile number, e-mail address, personal website, account names on other services such as GitHub, Twitter and IRC, or credit card or other account number); information about that individual’s location or activities, such as information about his or her use of the Sites and Services, when directly linked to personally identifiable information; and demographic information such as date of birth, gender, geographic area and preferences when such information is linked to other Personal Information that identifies you. Personal information does not include “aggregate” information, which is data we collect about the use of the Sites or about a group or category of products, Services or users, from which individual identities or other Personal Information has been removed. In other words, information about how you use a Service may be collected and combined with information about how others use the same Service. Aggregate data helps us understand trends and our users’ needs so that we can better consider new features or otherwise tailor our Sites. This policy in no way restricts or limits our collection and use of aggregate information.
WHAT PERSONAL INFORMATION DO WE COLLECT?
Active Collection: We may collect certain information you voluntarily provide to us which may contain Personal Information. For example, we may collect your name, user name, address, email address, telephone number, other contact and demographic information when you register and set up an account, fill out a form, complete a survey, submit a comment or contact us by e-mail or other means. We may also collect billing information, such as your credit card number, when you purchase Services or other items through the Sites. Personal and demographic information may also be collected if you provide such information in connection with creating a profile, leaving comments, posting content, sending an email or message to another user or otherwise participating in any interactive forums or community features on the Sites.
Automatic Collection: When you use the Sites, some information is also automatically collected, such as your Internet Protocol (IP) address, your operating system, the browser type, the address of a referring web site, and your activity on the Sites. Also, when packages are published in a package registry, the name and email address of the developer for the publish action is saved, along with the date and time of the publish. This information is shared on the Sites. We treat this information as Personal Information if we combine it with or link it to any of the identifying information mentioned above. Otherwise, it is used in the aggregate only. When you use our Software, we will (if available) be able to see the relevant software license key. If the Software is licensed by us, we will be able to link that information with a specific license for the Software you are using. When you use our Software, we may automatically collect your IP address and operating system information. The Software will generate a unique ID code for each user but we will not be able to link this unique ID code to an individual We also collect information on features used (such as API) and information on how frequently our Software is used.
Log Information: If you create an account and publish a package, your name, email address any information specified in the “maintainer” string, will be publicly disclosed. If users do not want their information tracked in this manner, they can opt to not create an account. However, this means that some features of Habitat Builder or other Services will be unavailable to them. All user information is retained in raw form for such time as deemed appropriate by Chef. It is shared with employees and contractors of Chef, as needed to process information on Chef’s behalf. Raw log data is not shared with third parties, but may be shared in aggregate. For example, Chef may publish blog posts or reports on registry or website usage.
Information on Behalf of Our Clients: Chef collects information under the direction of its Customer, and has no direct relationship with the individuals whose personal data it processes. If you are a client of one of our Customers and would no longer like to be contacted by one of our Customers that use our service, please contact the company that you interact with directly. We may transfer personal information to companies that help us provide our service. Transfers to subsequent third parties are covered by the service agreements with our Customers.
Information You Provide to Us: You also may provide information in your profile, recipe pages, blogs, bulletin boards, forums and other community areas of the Sites (the “Community Areas”), to be transmitted to other users of the Sites or third parties, as well as any information you share with individuals through the Sites (collectively, “User Contributions”). Your User Contributions are posted on and transmitted to others at your own risk. We cannot control the actions of other users of the Sites with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons. You understand that when you use the Community Areas, your User Contributions will be available to other users and in some cases may be publicly available. We recommend you be cautious about giving out Personal Information to others or sharing Personal Information in Community Areas, whether designated as public or private. We are not responsible for the Personal Information you choose to share in these Community Areas or for the actions of any third parties with whom you share Personal Information.
HOW DO WE USE THE PERSONAL INFORMATION WE COLLECT?
In general, we use Personal Information to process your requests or transactions; to provide you with information, products or Services you request; to inform you about other information, events, promotions, products or Services we think will be of interest to you; to facilitate your use of, and our administration and operation of, the Site; and for the purpose for which the information was provided. For example, we may use the information we collect:
- to send you a welcoming email and to contact you about your use of the Site;
- to provide the Services, products or information you request and to complete any transactions and process any payments in connection therewith;
- to respond to your emails, submissions, comments, requests or complaints;
- to request feedback and to enable us to develop, customize and improve the Sites and our products and Services;
- to analyze data and trends and to personalize and improve Site content and features and your experience on the Site, such as providing content or features to match your profile and interests;
- to contact you about our or our third party’s services, products, activities, special events or offers, and for other internal marketing, informational, product development and promotional purposes
- To present our Sites and its contents to you
- To provide you with information, products or Services that you request from us
- To fulfill any other purpose for which you provide it
- To provide you with notices about your account or subscription, including expiration and renewal notices
- To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection
- To notify you about changes to our Sites or any products or Services we offer or provide though it
- To allow you to participate in interactive features on our Sites.
- In any other way we may describe when you provide the information
Personal Information provided online may be linked together or merged with other Personal Information so that we may better understand your needs and inform you about our products or Services and those of our partners. In addition, if we receive information from third parties with whom we have business relationships, we may combine this information with the other Personal Information we maintain about you.
Chef may store and process Personal Information in the United States and other countries.
WHAT PERSONAL INFORMATION DO WE SHARE WITH OTHER PARTIES?
We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.
We may share Personal Information with our subsidiaries or affiliates. We may share Personal Information to fulfill the purpose for which you provided the information. We may use the Personal Information for any other purpose disclosed by us when you provide the information.
We will not share the Personal Information we collect from you through the Sites with third parties except as described in this Policy, as it may be revised from time to time. We may share Personal Information with vendors, consultants and other service providers (“Service Providers”) who are engaged by or working with us in connection with the operation of the Sites or the Services we provide, who need access to such information to carry out their work for us, and who are bound by contractual obligations to keep Personal Information confidential and use it only for the purposes for which we disclose it to them . For example, Chef may use a third party to manage credit card processing. In some cases, the Service Provider may be directly collecting the information from you on our behalf. These companies are authorized to use your personal information only as necessary to provide these services to us.
We may also share Personal Information with other third parties when you give us your consent to do so. We are not responsible for the actions of third parties, nor are we responsible for any additional information you provide directly to any third parties, and we encourage you to become familiar with their practices before disclosing information directly to them. Nothing herein restricts the sharing of aggregate anonymized information, which may be shared with third parties without your consent.
We may disclose Personal Information in the good faith belief that we are lawfully authorized or required to do so, or that doing so is reasonably necessary or appropriate to comply with the law or with legal process or authorities, respond to any claims, or to protect the rights (including enforcing Terms and Conditions of Use, Online Master License and Services Agreement, and Chef Trademark Policy), property or safety of Chef, our users, our employees or the public, including without limitation to protect Chef or our users from fraudulent, abusive, inappropriate or unlawful use of our Sites. We may disclose Personal Information for billing and collection purposes.
If you send us a notification of claimed infringement under the Digital Millennium Copyright Act, any Personal Information in your notification may be shared with the person or entity who you claim is infringing your copyrighted material.
Information about our users, including Personal Information, may also be disclosed or transferred as part of, or during negotiations of, any merger, sale of company assets, financing or acquisition, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, or in any other situation where Personal Information may be transferred as one of the business assets of Chef.
WHAT STEPS DO WE TAKE TO PROTECT YOUR INFORMATION ONLINE?
Chef has implemented measures designed to secure Personal Information from accidental loss, and from unauthorized access, use, alteration, and disclosure. We follow generally accepted standards to protect the personal information submitted to us, both during transmission and once it is received. If you have any questions about the security of your personal information, you can contact us at firstname.lastname@example.org. We may retain your information for as long as your account is active or as needed to provide you Services, comply with our legal obligations, resolve disputes and enforce our agreements.
The safety and security of Your information also depends on You. Where Chef has given You (or where You have chosen) a password for access to certain parts of the Sites, You are responsible for keeping this password confidential. We ask you not to share your password with anyone, and we urge you to be careful about giving out information in public areas of the Sites like message boards. The information You share in public areas may be viewed by any user of the Sites.
Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.
WHAT CHOICES DO YOU HAVE REGARDING THE USE OF YOUR INFORMATION?
You may opt out of receiving promotional emails from Chef by following any instructions in those emails. You may also send requests about your contact preferences and changes to your information by emailing email@example.com. However, if you opt out, this will not affect our ability to send you service and account related emails, or other non-promotional emails, or to use your Personal Information as otherwise described in this Policy.
HOW CAN YOU CORRECT AND UPDATE YOUR PERSONAL INFORMATION OR OBTAIN ADDITIONAL INFORMATION?
Upon request Chef will provide you with information about whether we hold any of your personal information. If you wish to verify, correct, update or delete any Personal Information we have collected, you may do so by emailing firstname.lastname@example.org. We will respond to your request within a reasonable timeframe. Questions regarding this Policy or the information practices of the Company’s Web sites should be directed to email@example.com or by mailing Chef, Attn: Privacy Team, 619 Western Avenue, Suite 400, Seattle, WA 98104.
For clients of our Customers: A client of our Customer who seeks access, or who seeks to correct, amend, or delete inaccurate data should direct their query to Chef’s Customer (the data controller). If requested to remove data we will respond within a reasonable timeframe. We will retain personal data we process on behalf of our Customer for as long as needed to provide services to our Customer. Chef will retain this personal information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
CHILDREN UNDER THE AGE OF 13
Our Sites are not intended for children under 13 years of age. No one under age 13 may provide any information to or on the Sites. We do not knowingly collect Personal Information from children under 13. If you are under 13, do not use or provide any information on the Sites or on or through any of its features, make any purchases through the Sites, use any of the interactive or public comment features of this Site or provide any information about yourself to us, including your name, address, telephone number, e-mail address or any screen name or user name you may use. If you believe we might have any information from or about a child under 13, please contact us at firstname.lastname@example.org and we will delete that information immediately.
NOTICE FOR CALIFORNIA RESIDENTS
We adopt this notice to comply with the California Consumer Privacy Act of 2018 (CCPA) and any terms defined in the CCPA have the same meaning when used in this notice.
Information We Collect
Our Website collects information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device (“personal information“). In particular, Chef’s website has collected the following categories of personal information from its consumers within the last twelve (12) months:
|A. Identifiers.||A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver’s license number, passport number, or other similar identifiers.||YES|
|B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).||
A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information.
Some personal information included in this category may overlap with other categories.
|C. Protected classification characteristics under California or federal law.||Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).||NO|
|D. Commercial information.||Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.||NO|
|E. Biometric information.||Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.||NO|
|F. Internet or other similar network activity.||Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.||YES|
|G. Geolocation data.||Physical location or movements.||NO|
|H. Sensory data.||Audio, electronic, visual, thermal, olfactory, or similar information.||NO|
|I. Professional or employment-related information.||Current or past job history or performance evaluations.||NO|
|J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).||Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.||NO|
|K. Inferences drawn from other personal information.||Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.||YES|
Personal information does not include:
- Publicly available information from government records.
- Deidentified or aggregated consumer information.
- Information excluded from the CCPA’s scope, like:
- health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data;
- personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994.
Disclosures Of Personal Information For A Business Purpose
In the preceding twelve (12) months, Company has disclosed the following categories of personal information for a business purpose:
Category A: Identifiers.
Category B: California Customer Records personal information categories.
Category F: Internet or other similar network activity.
Category G: Geolocation data.
Category I: Professional or employment-related information.
Category K: Inferences drawn from other personal information.
We disclose your personal information for a business purpose to the following categories of third parties:
Sales Of Personal Information
We do not sell personal information. In the preceding twelve (12) months, we have not sold personal information.
Your Rights And Choices
The CCPA provides California residents with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.
Access To Specific Information And Data Portability Rights
You have the right to request that Chef disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights), we will disclose to you:
- The categories of personal information we collected about you.
- The categories of sources for the personal information we collected about you.
- Our business or commercial purpose for collecting or selling that personal information.
- The categories of third parties with whom we share that personal information.
- The specific pieces of personal information we collected about you (also called a data portability request).
- If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
- sales, identifying the personal information categories that each category of recipient purchased; and
- disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.
Deletion Request Rights
You have the right to request that Chef delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights), we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.
We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:
- Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
- Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
- Debug products to identify and repair errors that impair existing intended functionality.
- Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
- Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
- Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.
- Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
- Comply with a legal obligation.
- Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
Exercising Access, Data Portability, And Deletion Rights
To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either:
Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.
You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:
- Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
- Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.
Making a verifiable consumer request does not require you to create an account with us.
We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.
For instructions on exercising sale opt-out rights, see Personal Information Sales Opt-Out and Opt-In Rights.
Response Timing And Format
We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time, we will inform you of the reason and extension period in writing.
If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.
Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.
We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:
- Deny you goods or services.
- Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
- Provide you a different level or quality of goods or services.
- Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your personal information’s value and contain written terms that describe the program’s material aspects. Participation in a financial incentive program requires your prior opt in consent, which you may revoke at any time.
Chef Software Inc.
619 Western Avenue, Suite 400
Seattle, WA 98104.