Privacy Policy

This Privacy Policy (this “Policy”) describes the privacy practices of Cut and Dry Inc. (“Cut+Dry”, “we”, or “us”) with respect to personal information collected when users use, access or otherwise interact with cutanddry.com (the “B2B Platform”) and any related web sites (the “Sites”) and any services, mobile applications, products and marketing activities of Cut+Dry (collectively, including the Sites, the “Services”) that reference this Policy and how we use and share it. By using the Services (including the Sites) you consent to the terms of this Policy.

We may change this Policy from time to time. If changes are made, notification will happen by posting the updated policy to the Sites and revising the “Updated” date. The most current version of this Policy will be effective at the time it is posted. By continuing to access or use the Sites or Services after those changes become effective, you agree to be bound by the revised Policy.

BY ACCESSING ANY OF THE SERVICES YOU AGREE TO BE BOUND TO ALL THE TERMS OF THIS POLICY.

This Policy covers the following areas:

I. Information We Collect

II. How We Use Your Information

III. How We Share Your Information

IV. Cookies and Other Data Collection Tools

V. Data Security

VI. Data Retention

VII. Children

VIII. Third Parties We Don’t Own or Control

IX. How To Manage Your Privacy Settings

X. Amendments

XI. How to Contact Us

I. Information We Collect

Cut+Dry collects information from users in connection with the Site and Services. Users include visitors to the Sites and restaurant or retail business customers (“Restaurants”) who use the B2B Platform to view or place an order for products made available by food service distributor and manufacturer entities (“Suppliers”), and the subset of Suppliers who use the Services to market and/or sell products wholesale to Restaurants or other end-customers through the B2B Platform (“Partner Suppliers” and together with Restaurants, “Subscribers”). Subscribers include applicable Subscriber’s employees, contractors and agents who interact with the Services on behalf of the Subscriber (“Subscriber Agents”).

We collect your Personal Data in a number of ways and for various purposes. “Personal Data” means information that relates to you and identifies you personally, either alone or in combination with other information available to us. Examples of Personal Data are a name, an online identifier, a contact address, billing information, social media reviews and ratings, and precise Location Data.

Restaurant users should note that Suppliers are independent third parties that maintain their own business practices and policies outside of their relationship with Cut+Dry. As a result, unless provided otherwise in this Policy, we are not responsible for the privacy policies or data practices of Suppliers, who may maintain separate policies and practices.

Subscribers are responsible for complying with all applicable laws and regulations concerning the Personal Data of Subscriber Agents. Subscribers are responsible for complying with applicable laws and regulations in connection with their use of the Services, including, without limitation, those requiring notice, disclosure and/or consent in connection with the collection, transfer and processing of personal information. Accordingly, Subscribers generally control, and are responsible for correcting, deleting or updating, personal information collected on their Subscriber Agents via the Services. Subscribers are responsible for addressing any privacy requests from their Subscriber Agents. If you are a Subscriber Agent and you have a privacy question or request, please review the Subscriber’s privacy policy and contact the Subscriber directly.

When you use our Site or Services, Personal Data may be collected as follows:

• We ask for and may collect personal information about you such as your name, address, phone number, email address, date of birth, gender, age, personal interests, location (e.g., city or country), commercial information such as credit card information and other similar details (“Account Information”) directly from you when you sign up for our Services, register an account with us, or when you access or utilize one or more of our Services. As part of the application process and agreement to provide the Services to Subscribers as well as updates during the course of the parties’ business relationship, Account Information may include additional information such as tax identification number, national identification number (e.g. Social Security number or passport number), drivers’ license details, banking and payment card information, and other personal information about the individual(s) executing the application and agreement, beneficial owners of the Subscriber entity, and employees of Subscriber.
• When interacting with our Services, data may be automatically collected by the technology platforms providing the experiences, including without limitation information about the Sites and Services that you visit and how you use them and any GPS-based, Wi-Fi-based, or cell-based location information (“Location Data”), and any other identifier that permits direct identifying, locating, or contacting of the device or user. Your web browser or mobile device may share certain data with Cut+Dry as those devices interact with Cut+Dry Sites or Services. This data includes: Device IDs, network access, storage information and battery information as well as cookies, IP addresses, referrer headers, data identifying your web browser and version, the date and time of the visit and how long you remained on our Sites or
• Services, and web beacons and tags. Location Data may include the presence of the device, its signal strength and mobile network information, its manufacturer (Apple, Samsung, etc.) and model, and information about the device’s interaction with the Services or business services. The information we collect automatically may or may not include Personal Data, but we may maintain it or associate it with Personal Data we collect in other ways or receive from third parties.
  If you correspond with us we collect records about your correspondence (including e-mail addresses).
• When you carry out any transactions through the Services (such as product orders), we collect purchase and browsing data, such as information regarding a purchase (payment account information, payment amounts and methods, billing and shipping information, and other transaction information) and order history. You are generally required to provide financial information before placing an order through our Services. We may associate purchase and browsing information to an account you have registered with us and combine it with information relating to all interactions with us.
• If you engage with us through a social media account, we may collect account or profile information associated with that account. To the extent you connect an account managed by third parties such as social media sites (e.g., Facebook) with a Cut+Dry account, you authorize Cut+Dry to have access to information related to that account (as permitted by the terms of service of your account with that social media site) and agree that Cut+Dry may collect, store and use such information in accordance with this Policy.
• If you participate in or utilize, as applicable, contests, sweepstakes, loyalty programs, surveys, discounts, or promotional sales (“Promotions”) being offered by Cut+Dry, we may collect contact, demographic and eligibility information or other Personal Data. Promotions may also be run by a Cut+Dry service provider or co-branded with one of our business partners. In such instances, Personal Data may be collected directly by and/or shared with Cut+Dry, the service provider and/or business partner via print, website, mobile applications or other means. Personal Data associated with a
• Promotion may be shared with partners that sponsored or were involved with the Promotion.
  We collect Personal Data relating to your interactions with advertising on the Site and Services or Cut+Dry online communities. We may collect your Personal Data when you click on advertisements, submit content, make reviews, or contribute to message boards, comment fields, blogs, and other media forums sponsored by or affiliated with Cut+Dry.
  We collect information when users submit comments, ratings, and other content. We may also collect certain information metadata associated with your content (e.g., location, date/ time stamp, device type).
• We may also collect information about you from third parties, including but not limited to third-party verification services, banks, credit bureaus, mailing list providers, and publicly available sources (for the purposes among other things of supplementing the information provided by a Subscriber and meeting certain underwriting and legal obligations) as well as personal information collected by way of a referral for use of the Services from a Subscriber or business partner.

Personal Data we collect may be stored and processed in the United States or any other country in which Cut+Dry or its affiliates, subsidiaries, agents, or third party service providers maintain facilities and/or infrastructure.

II. How We Use Your Information

We use the information we collect to:

• Provide, maintain and support the Sites and Services, such as providing information on products and services, facilitate payments, processing orders and providing status updates, enabling third parties to fulfill products or services that a Cut+Dry customer has ordered, process transactions and payments through the Services, verifying your identity, troubleshooting support issues, answering customer service requests, and facilitating use of our Site or Services.
• To register or manage your account and to fulfill benefits that are associated with your use of our Sites and Services or account.
• Customize experiences on our Services and gain insights into our customers and communities. We use Personal Data to present products and content tailored to you, your interests and location. We also use Personal Data to better understand our customers and other individuals who access our Sites and Services which helps us develop more interesting and relevant products and services and to improve our Sites and Services.
  Promote Cut+Dry’s business through advertising and marketing activities to you and others. We may use Personal Data in connection with advertising and online and offline marketing campaigns, to provide you with information on the products and Services that we think are most relevant to or appropriate for you and to track the success of our marketing activities.
• Use information collected from you in connection with a job application or inquiry (such as resume) for the purpose of employment consideration, availability or otherwise.
  Use your information to respond to requests for support, online services, product information or to any other interaction you initiate. Irrespective of your privacy settings, we may send you notifications pertaining to the performance of the Sites or Services, changes to the Sites or Services, updates to your account (including expiration and renewal notices), revisions of our Terms of Use or this Privacy Policy or formal communications relating to products or Services you have purchased.
• In connection with Promotions we may use Personal Data to verify identity, communicate with you about the Promotion or about other offers, conduct market research, and ask you questions relating to the Promotion. If you participate in questions and surveys regarding the Promotion we may share your responses with business partners for their own market research and communication purposes. To opt-out of this kind of collection and sharing, you can decline to answer these kinds of questions or decline to participate in the challenge or survey altogether.
  Improve our Site and Services and other Cut+Dry products or services, or to make the Sites and Services easier to use by, for example, eliminating the need for you to repeatedly enter the same information, or customizing our Site or Services (or other sites or services) to your particular preference or interests.
• Manage our business and for internal operational purposes, including the analysis of trends and statistics and usage and performance of the Sites and Services, engaging in business transactions, including the purchase, sale, lease, merger, amalgamation or any other type of acquisition, disposal, securitization or financing involving Cut+Dry, sales, supply chain and financial analysis purposes, and enforcing our rights and complying with obligations arising from any contracts entered into between you and us, including for billing and collection.
• Comply with applicable law, monitor and report compliance issues, protect the integrity of our Services, employees and users, to identify and prevent error, negligence and fraud, to perform our credit underwriting, anti-money laundering and other compliance obligations in order to determine whether to approve the application and provide a Subscriber with the Services, to audit compliance with and enforce our agreements, and to resolve disputes.
• We may combine Personal Data with information we receive from joint marketing partners, public databases, publicly available pages on social media platforms and other third parties, to give us better consumer insight into your needs, help us tailor our communications with you, deliver marketing messages to you and improve our business. For example, we may obtain updated email address information from email-change-of-address vendors or purchase third-party marketing data and address information and add it to our database to send you offline marketing materials, better direct our advertising and provide pertinent offers we think you are more likely to be interested in.
• For any other purpose with your consent.

III. How We Share Your Information

Cut+Dry works with third parties to help provide the Sites and Services and maintain and improve its services and business and we may share Personal Data with those third parties to further these efforts. Without limiting the foregoing (and to the extent permitted by applicable law), Cut+Dry will share Personal Data with third parties with your consent as well as in the following circumstances:

Cut+Dry Affiliates. Cut+Dry may share information it collects with its direct and indirect parent and subsidiary companies and other affiliates. Those affiliates may use this information to improve and promote their businesses and services and offer you products and services that may of interest to you and for any other purposes outlined above.

Platform Suppliers. Third-party sellers offer products for sale through the B2B Platform, and we will share your Personal Data with such suppliers when you use the B2B Platform.

Service Providers and Partners. Cut+Dry may (a) connect you with, and coordinate the provision of services and products to you through, third party service providers and (b) partner with third parties in order to promote, support, enable or expand Cut+Dry’s business and products and services or enable those third parties to deliver content or advertise the products and services of Cut+Dry. Such service providers and partners include institutions and payments processors, government entities, IT cloud and hosting providers and shipping companies or postal services involved in fulfillment. We may share Personal Data with those service providers and partners and they may have access to or process your Personal Data. For example, Cut+Dry may use third-party providers to assist us with delivering, marketing and advertising products and services to you, processing payments and completing orders, and delivering customer service and support. In addition, with your knowledge and consent, our Services may gather and transfer information from other applications, functions and tools within your mobile device.

Joint Marketing and Interest Based Advertising. From time to time Cut+Dry may establish joint marketing relationships with other persons or entities whom we believe trustworthy and have privacy practices that are consistent with ours. In such cases and where permitted by applicable law we may exchange, share and/or cross-reference information, including information about you that will enable such persons or entities to contact you regarding products and services that may be of interest to you. Without limiting the generality of the foregoing, Cut+Dry may work with third party ad networks, ad exchanges, channel partners, measurement services and others (“3rd Party Advertisers”) to display more relevant advertising on our Services, and to manage our advertising on third party sites, mobile apps and online services. In order to display more relevant ads on our behalf and others, these 3rd Party Advertisers may use cookies, pixels tags, and other tools to collect browsing and activity information on our Services, on third-party sites and across different devices, which may be linked with certain offline data they may also collect IP address, device ID, cookie and advertising IDs, and other identifiers. These 3rd Party Advertisers may use this information to provide you more relevant ads and content and to evaluate the success of such ads and content. As a result, Cut+Dry ads may be displayed to you on a search results page or on third party sites.

You may also control how Facebook and other 3rd Party Advertisers display certain ads to you, as explained further in their respective privacy policies and ad preferences pages. You can also obtain more information about targeted advertising, and how to opt-out of receiving targeted ads from many third-party ad networks (including Facebook and Google) by visiting www.aboutads.info/choices (Digital Advertising Alliance).

Aggregate and De-Identified Information. We may share Personal Data in aggregated or de-identified formats, such as the usage and demographic and registration information described above or information created from Personal Data by removing direct personal identifiers, to third parties for any purpose to the extent not prohibited by law. For example, we may disclose the number of users that have been exposed to, or clicked on, advertising banners. This Policy does not limit our use or disclosure of any aggregate or de-identified information created from Personal Data in any way, and we reserve the right to use, disclose, and sell de-identified information (including de-identified information combined with non-scrubbed information that is not your personally identifiable information) to our partners, advertisers, Cut+Dry users, and other third parties at our discretion to the extent permitted by law. “De-identified” means Cut+Dry has taken reasonable precautions to protect data de-identified from you from being re-identified to you. 

Business Transfers. Cut+Dry may share Personal Data with third parties in connection with, or during the negotiation of, any merger, sale of company stock or assets, financing, acquisition, divestiture, or dissolution of all or a portion of our business. In the event Cut+Dry sells certain of its assets or goes through a structural change, such as a merger, acquisition by another company, bankruptcy, insolvency, or dissolution, Personal Data may be transferred to a third party as part of such event and thereby become subject to the privacy practices of that third party, which may materially different than those of Cut+Dry.

Disclosure through the Site or Services. Consistent with the purpose of the Site and Services, we may disclose information you provide to us to other users of the Site or Services. Accordingly, we may share information about you with people you are connected to through the Site or Services (e.g. your employees, employers, and co-workers) for the purpose of facilitating the Services.

Disclosure for Other Reasons.  We may disclose Personal Data to third parties if we determine in good faith that such disclosure is necessary to enforce or apply Cut+Dry’s agreements, comply with the law or judicial instructions and related orders, or protect the rights, reputation, or property of Cut+Dry or those of our customers, affiliates, or the public.

IV. Cookies and Other Data Collection Tools

Cut+Dry, its affiliates and our partners may send cookies – small data files placed on a device’s hard drive or memory – to user’s devices in order to, among other things, identify the status of the user, customize the Sites and Services, and mitigate risks and the potential for fraud. In addition, in the course of serving advertisements to the Sites and Services, our third-party advertisers may place or recognize a unique cookie on browsers. Cookies can be removed or blocked in accordance with the browser’s help directions, but in doing so the Sites and Services may require a user to repeatedly identify herself and otherwise interfere with use of the Sits and Services. We may also collect information using web beacons (objects embedded in a web page or email which are used to check if a user has accessed content). Further, if you view a web page created by a third party or use an application created by a third party, those third parties may use their own cookies or web beacons that are not subject to Cut+Dry’s control or this Policy. Cut+Dry does not respond to “do not track” browser signals or other mechanisms that provide consumers with choice regarding the collection of tracking information and allow third parties operating on the Services to collect personally identifiable information about and/or track your behavior on the Services and across websites. We use third party cookies on our Service as well.

V. Data Security

Cut+Dry takes precautions to secure your Personal Data and protect it from loss, theft, unauthorized access, destruction, use, modification and disclosure. However, please note that Cut+Dry’s security measures may change or be unavailable from time to time and no data transmission over the Internet or any wireless network is 100% secure, so we cannot guarantee the security of Personal Data.

VI. Data Retention

Cut+Dry will retain Personal Data where we have an ongoing legitimate business need to do so (for example, to provide you with our Sites and Services, resolve disputes, and to comply with applicable legal, tax or accounting requirements). When we have no ongoing legitimate business need to process your personal information, we will either delete or aggregate it or, if this is not possible (for example, because your Personal Data has been stored in backup archives), then unless otherwise required by applicable law we will securely store your Personal Data until deletion is commercially practicable.

VII. Children

The Sites and Services are intended for general audiences and is not directed to persons less than 13 years of age and we do not knowingly collect personal information from those persons. If you become aware that personal information about your child has been provided to Cut+Dry without your consent, please contact us.

VIII. Third Parties We Don’t Own or Control

This Privacy Policy does not apply to the practices of companies that we do not own or control or to people that we do not employ or manage. For example, if you choose to pay through a third-party mechanism offered on our Services, the information you choose to share with that third-party will be treated in accordance with that third-party’s privacy policy. This Policy does not apply to, and we are not responsible for, for the content of such third party features or the privacy practices, including third-party cookies, web beacons, or other tracking technologies, of such third parties. We encourage you to read the privacy policies of each and every device, website, and service that you use.

IX. How You Can Manage Your Information

You may update or delete and deactivate certain aspects of your Personal Data by signing into and managing your Cut+Dry account or, if your account does not so permit, by contacting us at support@cutanddry.com. As a consumer (if applicable) you have the ability to unsubscribe to promotional emails or text messages by following the instructions in those emails or text messages. If you unsubscribe it may take up to 10 business days before you stop receiving promotional emails and Cut+Dry may still send you non-promotional communications.

California’s “Shine the Light” law, Civil Code Section 1798.83, gives California customers who provide us their personal information the right to request and obtain from Cut+Dry, free of charge, information about the personal information (if any) we have shared with third parties for their own direct marketing use; such requests may be made once per calendar year for information about any relevant third party sharing in the prior calendar year. If you are a California resident and would like to request this information, please contact us at support@cutanddry.com. or write to us at Cut and Dry Inc., 228 Hamilton Ave., 3rd Floor, Palo Alto, CA 94301. In your request, please attest to the fact that you are a California resident and provide a current California address. We will reply to valid requests by sending a response to the email address from which you submitted your request.

If you are a resident of certain jurisdictions, under law your consent to use or share your personal information for the additional marketing purposes identified above is optional and is not required as a condition of obtaining the Services. If you are a resident of such jurisdiction and do not want your personal information to be used or shared for these additional purposes, please contact the Cut+Dry Privacy Office at the address set out below.

Email: support@cutanddry.com

Write: Cut and Dry Inc., 228 Hamilton Ave., 3rd Floor, Palo Alto, CA 94301

You may request a correction to your personal information by writing to the Cut+Dry Privacy Office.

X. Amendments

We may change this Policy from time to time. The most current version of this Policy will be effective at the time it is posted. By continuing to access or use the Sites or Services after those changes become effective, you agree to be bound by the revised Policy. If you have a registered account, we may notify you of any changes to our Privacy Policy via email and/or we may ask you to affirmatively acknowledge and consent to the changes the next time you use our Sites or Services.

XI. Region-Specific Disclosures

Residents of California - California law, including the California Consumer Privacy Act (CCPA), provides that California residents have the following rights with respect to their Personal Data collected by businesses subject to the CCPA: (i) to opt-out of the “sale” (as defined under the CCPA) of their Personal Data; (ii) to access their Personal Data in a format transmittable to another entity; (iii) to deletion of their personal information; (iii) to not be discriminated against due to exercise of the above-listed rights, such as through a denial of goods or services, receiving a different level or quality of goods or services, or being charged different prices for goods or services, and (iv) to receive, pursuant to a verifiable consumer request, a disclosure of the following requested information: (a) the categories of sources from which the consumer’s Personal Data is collected; (b) our business or commercial purpose(s) for collecting or selling Personal Data also disclosed in this Privacy Policy; the categories of third parties with whom we share Personal Data also disclosed in this Privacy Policy; (c) the categories of personal information we have collected about that consumer; and (d) the specific pieces of personal information we have collected about that consumer. To request the above information or exercise the above rights, please contact us as specified in the How to Contact Us section below. Please note we are not required to respond to requests that are made more than twice in any 12-month period by the same California consumer.

XII. How to Contact Us

Cut+Dry welcomes questions and comments about this Privacy Policy. You can contact us by emailing us at support@cutanddry.com or writing to us at:

Cut+Dry Inc.

Attention: Privacy Office

228 Hamilton Ave.

3rd Floor

Palo Alto, CA 94301