GD KITCHEN PRIVACY POLICY & TERMS OF SERVICE

PRIVACY POLICY

Last Updated on: January 24, 2024

We respect your privacy and are committed to protecting it through our compliance with this privacy policy. We adopt this Policy to comply with data privacy laws, and we provide the following to explain our privacy policies with regard to how your information is collected, used and shared. The following online privacy policy is intended to protect and secure the personally identifiable information (any information you provide and by which you can be identified) you provide to us online. 

Your use of the Website is at all times subject to the Terms of Service, which incorporates this Privacy Policy. Any terms used within this Privacy Policy without definition have the definitions given to them in the Terms of Service.

This policy describes the types of information we collect from you or that you may provide when you visit the website mygdkitchen.com (our “Website”) and our practices for collecting, using, maintaining, protecting, and disclosing that information. This policy applies to information we collect on this Website, in email, text and other electronic messages between you and the Website, and when you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this policy.

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, it is your choice to not use our Website. By accessing or using this Website and our services, you agree to this policy and to be bound by the terms set forth in this Policy. This policy may change from time to time. Your continued use of this Website after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.

What Information Do We Collect

We may collect Personal Information about you when you interact with our Website or Services, or when you subscribe to or register for an account, paid or unpaid, on the Website. This Personal Information may include your first and last name, and your email address. Payment on Website is run by third-party services, which may require your phone number or address, your email address, your payment details, your location, your marketing preferences, your browser or device information, and any other information you provide when you interact with the Services or the Website (collectively, “Personal Information”). Lastly, please review the section below regarding Cookies to understand the information we collect about you through our website via Cookies. Personal information does not include publicly available information from government records or deidentified or aggregated consumer information.

How Personal Information is Used

We use your information to communicate with you and to learn more about the Services you are interested in. We may also use your information to complete a transaction you authorize, to personalize the Website and its experience for you or for any other purpose with your consent. We also give you the opportunity to remove your name from our contact lists, if you desire to do so. Please review the corresponding section of this Privacy Policy below. We may send you e-mails announcing news about our Services or third partier’s products or services and other relevant information related to our Services from time to time. Additionally, we’ll only send you e-mails that you have agreed to receive by submitting your information on this Website and you can opt out at any time. If we have sent you a promotional email, you may also select the “unsubscribe” link at the bottom of the email to be omitted from future email distributions.

We may also use or disclose the personal information we collect for one of more of the following purposes: (i) to fulfill or meet the reason you provided the information, (ii) to create, maintain, customize and secure your account with us, (iii) to process your requests, purchases, transactions and payments and prevent transaction fraud, (iv) to provide you with support and respond to your inquiries, (v) to help maintain the safety, security and integrity of our Website, products and services, (vi) to respond to law enforcement requests as required by applicable law, and (vii) as disclosed or described to you when collecting your personal information.

We will never sell, rent, or lease your personal information with other organizations. We may disclose aggregated information about our consumers and information that does not identify any individual without restriction. We may disclose personal information that we collect or you provide as described in this policy to (i) our subsidiaries and affiliates, (ii) our contractors, service providers and other third parties we use to support our business 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, (iii) to fulfil the purposes for which you provide it, (iv) for any other purpose disclosed by us when you provide the information, (v) to governmental and regulatory agencies, and (vi) with your consent.

Cookies

Based on your submission to us, from time to time, we may send a "cookie" to your computer. A cookie is a piece of data that’s sent to your browser from a Webserver and stored on your computer's hard drive to recognize you when you return to our Website, or to identify which areas of our Website you have visited. We may use the information collected to better personalize the content you see on our Website, or to send you more relevant information. You can choose whether to accept cookies by changing the settings of your browser. Your browser can refuse all or some browser cookies or show you when a cookie is being sent. If you choose not to accept these cookies, your experience at our Website and other Websites may be diminished and some features may not work as intended. We may also use embedded scripts, which is code designed to collect information about visitors that interact with a website, such as the website that linked you to our website. Finally, we may also use service providers to evaluate the use of our services. These services may use cookies and other tracking technologies, such as web beacons or local storage objects, to perform their services.

California Residents

California residents have the right to opt-out of the sale of your personal information and the Sharing of your personal information pursuant to the California Consumer Privacy Act of 2018 (“CCPA”). Terms used but not defined in this Policy shall have the meanings given to them under the CCPA and/or applicable privacy laws. Some of the cookies, etc. that our site uses may constitute sharing under the CCPA, however we provide notice and transparency about the collection and use of personal information as described in this Privacy Policy. To exercise any of your rights under the CCPA, including the right to opt out of sharing certain personal information, please email us at [email protected].

Children

The Website and related services are not intended for users under 18 years of age. We do not knowingly collect Personal Information from users under 18 years of age. We do not authorize users under 18 years of age to use the Website or related services.

Non-Discrimination

We will not discriminate against you for exercising any of your rights under this policy and applicable law.

Removal of Information

If you would like to permanently remove your name, you can contact us to do so, or opt out from an email received. If you determine that our information about you is inaccurate or it has changed, you may also modify information by contacting us. If you have comments or questions about our online Privacy Policy, or would like more information about us, or are experiencing technical trouble, please contact us.

TERMS OF SERVICE  

This website (the “Website”) is made available to you by GD Kitchen, LLC or a corporate affiliate (collectively, the “Companies”).  Please read these terms of use (the “Terms of Service”) before accessing, viewing, or using the Website, mobile and web-based applications, and any other tools, products or services provided by the Companies that link to or reference these terms (collectively, the “Services”). By accessing, viewing, or using the Services, you agree to be bound by all of the Terms of Service. If you do not agree to all of the Terms of Service, you do not have the right to access, view or utilize the Website and/or the Services. You are responsible for complying with the Terms of Service as they may be updated from time to time. Your use of the Services following any update or modification will signify you consent and acceptance of such revised Terms of Service.

The Terms of Service do not alter, amend, or replace the terms and conditions of any agreement you may have with the Companies. These Terms of Service include everything in this document, including without limitation the Medical Disclaimer, Disclaimer of Warranties and Limitation of Liability, as well as the Privacy Policy. You further represent you are of legal age to form a binding contract and agree to these Terms of Service.

USE OF THE SERVICES

You hereby agree to use the Services solely for their intended, lawful purposes. You agree to comply with all applicable laws, rules and regulations, and not to misuse the Services, including, without limitation, not to circumvent, disable or otherwise interfere with the security related features of our Services. You agree to use the Services only for your own personal or organizational use, and not on behalf of or for the benefit of any third party. You agree to maintain the security of your own username and password, if required, and not to use another person’s name with the intent to impersonate that person.

You agree the use of the Services does not provide you with any ownership of any intellectual property rights in our Services or to the content provided through our Services. Any materials on the Website are either owned by the Companies or provided by a third-party licensor or supplier (“Third-Party Content”). You agree to comply with and abide by all applicable copyright notices and trademark law. Nothing contained in the Services shall be construed as conferring any license or right under any copyright, trade secret, trademark, patent, or other intellectual property rights, including any logos or branding (collectively, “Rights”) of the Companies or any third party.

DISCLAIMER OF WARRANTIES

Except as expressly set forth in a written agreement between you and the Companies, neither the Company nor its licensors, distributors, advertisers, or suppliers make any specific promises about the Services offered or have any special relationship with or fiduciary duty to you. Any use of the Services shall be at your own risk. We do not make any warranties of any kind, either express or implied, including without limitation, warranties of merchantability, fitness for a particular purpose, non-infringement, or any warranty that the use of the Website or the Services will be uninterrupted or error-free.

LIMITATION OF LIABILITY

You and your successors, assigns and heirs hereby forever irrevocable release, discharge and hold harmless the Companies, our affiliates, our successors and assigns, officers, directors, employees and agents (collectively, “Released Parties”) from, and agree not to sue any Released Parties for, any liability, claims, obligations, suits, actions, demands, expenses and damages (including any indirect, consequential, exemplary, punitive, special or incidental damages)  whatsoever (collectively, “Liabilities”) that you may have against any Released Party whether existing now or in the future, whether known or unknown, arising out of or in connection with your use of the Services or your inability to use any of the Services or any content appearing in the Services. You understand and acknowledge that the foregoing sentence releases and discharges all Liabilities. By agreeing to these Terms of Service and this waiver, you assume all risk arising from yet unknown claims. Some states do not allow the limitation of all damages, so the above may not apply to you. Notwithstanding the foregoing, in no event will the total cumulative liability for damages under the Terms of Service exceed One Hundred Dollars ($100).

You also hereby agree to fully indemnify, protect, defend and hold harmless the Release Parties from any and all manner of liability, action, suits, judgments, debts, accounts, claims in law, equity or otherwise, damages and costs (including reasonable attorney fees) which you or your heirs may or shall have against any Release Parties in connection with your use of the Services, your violation of the Terms of Services, your violation of any third-party rights in connection with the Services or materials contained in the Services or any Shared Content you provide through the Services.

GENERAL PROVISIONS

We may modify these Terms of Service for any reason, including to reflect updates in applicable law. You should review these Terms of Services regularly. By continuing to use the Services after any modification, you agree that you will be subject to such modified terms.

Enforcement of the Terms of Service will be governed by New Jersey law, excluding its conflict and choice of law provisions. The exclusive jurisdiction and venue for any claims arising out of or related to the Terms of Service will lie in the state or federal courts of New Jersey, and you irrevocably agree to submit to the jurisdiction of the state and federal courts located in New Jersey. In the event that a court of competent jurisdiction finds any provision of these Terms of Service to be illegal, invalid or unenforceable, the remaining portions will remain in full force and effect. If you violate or fail to comply with any of the Terms of Service and we fail to take action immediately, we do not give up any rights that we may have to take action in the future.