Welcome to Xpede’s Privacy Policy. The policy below explains how we store and utilize your personal data. You can trust us with your information as we are committed to keeping it private. Please carefully read the policy below, so you have a better understanding of our company’s privacy policy and your rights as a user.
XPEDE, Inc. (“XPEDE,” “we,” “us,” or “our”) is committed to protecting your privacy. This Privacy Policy (“Policy”) explains how we collect, use, disclose and protect Personal Information (as it is defined below) of our customers and users. It applies to all Personal Information collected by us on https://xpede.net (the “Site”), the XPEDE mobile applications, and any other websites or mobile applications that link to this Policy, as well as during any written, electronic, and oral communications (collectively, the “Services”). XPEDE may collect Personal Information to help you place and receive orders and to improve the XPEDE service.
We utilizes independent third-party contractors (“Drivers” or “Couriers”), also known as “gig workers,” who help provide delivery and pick up services to our customers. Unless otherwise notify, this Policy will apply to Drivers/couriers.
Please note that your access to and use of our Services are subject to our Terms of Use, which define some of the terms used throughout this Policy. Please make sure that you have carefully read and understand the Terms of Use before you use our Services. By using our Services, you accept the Terms of Use, and accept our privacy practices described in this Policy. If you do not agree or feel comfortable with any section of this Policy or our Terms of Use, please do not use or access our Services.
Since our Services may change at times, we reserve the right to update or modify this Policy at any time without prior notice as set forth below. If there are any material changes to how we process your Personal Information, we will notify you before such changes are effective. If you object to or disagree with any of the changes, please immediately cease using our Services. This Policy is effective on the date that it is published unless notify otherwise. If you continue to use our Services after any changes or revisions to this Policy are made, you have implicitly agreed to the terms of the revised Policy. Due to potential changes to this Policy, we recommend that you review this Policy periodically.
1. How Your Personal Information Are Generated and Collected by Xpede
Xpede uses cookies, web beacons, flash objects, embedded scripts, mobile SDKs, locationidentifying technologies, session replay/screen capture, and similar technologies to collect information and personalize your experience with our Services. Some of which are set forth below. We may use third-party partners or services to assist with this effort. Information we collect automatically about you or your device may be combined with other personal information we collect directly.
a. Cookies
Cookies are small web files that a site or its provider transfers to your device’s hard drive through your web browser that enables the site’s or provider’s system to recognize your browser and remember certain information.
Use Cookies – We use first-party and third-party cookies for the following purposes:
- to make our Services function properly;
- to improve our Services;
- to recognize you when you return to Xpede and to remember information you have already provided, such as items already in your order cart;
- to collect information about your activities over time and across third party websites or other online services in order to deliver content and advertising tailored to your interests; and
- to provide a secure browsing experience during your use of our Services.
Manage Cookies – You may disable the use of cookies by modifying your browser settings. If you choose to disable cookies you may not be able to fully experience the interactive features of our Services. For more information on cookies and how to disable cookies visit https://www.ftc.gov/policy-notices/privacy-policy/internetcookiesor or https://www.usa.gov/optout_instructions.shtml.
b. Online Analytics and Advertising Technologies
We and our third-party vendors may use automated technologies (including cookie identifiers on our Site), along with other collected information, to tailor ads or deliver content when you are on our Services or on other devices, apps or websites.
c. Interest-Based Advertising
We (or our service providers) may use the information we collect, for instance, IP addresses and unique mobile device identifiers, to locate or try to locate the same unique users across multiple browsers or devices (such as smartphones, tablets, or computers), or work with providers that do this, in order to better tailor content and features and provide you with a seamless experience across devices. If you wish to opt out of cross device tracking for purposes of interest-based advertising, you may do so through your device settings. We may also use cross-device targeting to help identify our users and serve advertising. This type of advertising is often called “interest-based” or “personalized” advertising—and when it occurs on mobile apps, “cross-app” advertising.
d. Web Beacons
Web beacons, also known as web bugs, pixel tags or clear GIFs, are tiny graphics with a unique identifier that may be included on our Site to deliver or communicate with cookies, in order to track and measure the performance of our Site and Services, monitor how many web visitors we have, and to monitor the effectiveness of our advertising. Unlike cookies, which are stored on the user’s hard drive, web beacons are typically embedded invisibly on webpages (or in an email).
e. Mobile Applications (i.e. Mobile SDKs)
Depending on your permissions, we may receive your Personal Information from your Internet service and mobile device providers. Users of mobile devices who do not want to receive interest-based advertising may opt-out in several ways. Learn more about your choices for mobile devices by visiting http://www.aboutads.info/appchoices. Each operating system, (iOS for Apple phones, Android for Android devices, and Windows for Microsoft devices) provides its own instructions on how to prevent the delivery of tailored in-application advertisements. You should view your device or system “Settings” to determine how you can opt out of use of your device ID for “cross-app” personalized advertising.
2. Types of Personal Information Collected By Xpede
When you use our Services, we may collect or receive Personal Information about you to provide our services and operate our business. The types of Personal Information that we may collect about you are:
A. Information You Provide to Us Directly
You may provide your Personal Information to us when you use our Services, including when you register with XPEDE, search within or place orders through our Services, contact us with inquiries, respond to surveys, or otherwise access our Services. This information may include:
- User/Account Profile – When you create an Account, complete your Account profile, sign up for a mailing list, or otherwise communicate or interact with us, we may collect information from you, such as your name, phone number, e-mail address, and physical address. We use this contact and profile information to: (i) create and personalize your Account; (ii) communicate with you directly about the Services as well as about any questions, issues or concerns you or other users may have, (iii) fulfill your order, and (iv) send you marketing communications in accordance with your preferences.
- Order Details – When you place an order through our Services we collect information related to that order. This may include information such as delivery or pick up requests, special instructions, date and time of order, and subtotal.
- Payment Information – Payment information collected such as bank name and payment method.
- Surveys – From time-to-time, we invite our customers and users to participate in surveys or contests. When a customer or a user participates, we may request certain Personal Information such as name and email address.
B. Information Received From You as Part of Your Communications
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. We also maintain your ratings and reviews regarding Restaurants on the Platform, which we may post for the benefit of all of our users.
C. Information About Your Device and Its Software
Information about your device and its software includes your IP address, browser type, internet service provider, device type/model/manufacturer, operating system, date and time stamp, and a unique ID that allows us to identify your browser, mobile device, or your Account (including, for example, a persistent device identifier or an Ad ID), and other similar information. We may also work with third-party partners to employ technologies, including statistical modeling tools, that permit us to recognize and contact you across multiple devices. We use this device and software information to diagnose and fix technology problems, serve you personalized advertising, personalize your experience, perform analytics/identify usage trends, and improve our products and Services.
D. Information About the Way You Access and Use Our Services
Information about the way you access and use our Services includes the site from which you came and the site to which you are going when you leave. In addition, we track the pages you visit on the Platform, the links you click on the Platform, whether you open emails or click the links contained in emails that we send, other actions you take on the Services, and whether you access the Services from multiple devices. We may also use the information about the way you access and use our Services to determine products and services that may be of interest to you, to improve our products and Services, to evaluate the success of our advertising and marketing campaigns, and to send you marketing communications.
E. Location Information
In some cases, you provide your location information to us directly (e.g. when you provide us with a delivery address). In other cases, we may collect your location through GPS, WiFi, wireless network triangulation or other methods, or we may otherwise infer your location based on other information we collect. (For example, we can approximate your location by your IP Address.) We use location information to customize content on our Services (e.g., show you the Restaurants that will deliver to your location and show you relevant Perks), facilitate order and delivery Services, detect and prevent fraud, and measure traffic and analytics on the Services. If you have previously opted into Xpede’s collection and use of location-based information through our mobile application, we may collect and store the precise location of your device when the app is running in the foreground or background of your device. You may opt-out by adjusting the settings on your mobile device. We also use the Google Maps API to gather information about your location. Google uses various technologies to determine your location, including IP address, GPS and other sensors that may, for example, provide Google with information on nearby devices, WiFi access points and cell towers (see the Google privacy policy and the Google Maps terms of service to learn more).
F. Data from other sources: Information we receive from third-party sites you connect to our Services
We may receive personal information about you from third parties and combine that with information we collect through our Platform. For example, we may obtain information when you login through a third-party social network or authentication service, such as Facebook or Google. These services will authenticate your identity and provide you the option to share certain personal information with us, which could include your name, email address, address book and contacts, or other information. Similarly, when you interact with us through a social media site or third-party service, such as when you like, follow or share Xpede content on Facebook, Twitter, or other sites, we may receive information that you permit the social network to share with third parties. The data we receive from these third-party sites is dependent upon that third party’s policies and your privacy settings on that third-party site.
G. Other Information that Collected
With your permission, we may access your photos or contact list from your mobile device, Facebook Messenger account or email account to enable you to share content or promotions or invite your friends to connect with our Services, including through our friend referral program. We may also use aggregate personal information for regulatory compliance, industry and market analysis, research, demographic profiling, marketing and advertising, and other business purposes as long as the end-product does not uniquely identify you or any other user of the Services.
H. Personal Information from Publicly Available Sources and Third Parties
We may collect or receive Personal Information about you from publicly available sources, social network providers, marketing Couriers, and/or third parties.
I. Demographic Information – This characteristic information could include information such as income, marital status, spending habits, and other information pertaining to customers
3. How We Use Your Personal Information
Besides the uses described above, we may use your information for other purposes:
A. Provide, maintain, improve and develop the Services
We may use the personal information to provide, maintain, improve and develop our platform and Services, such as enable you to create Accounts or otherwise access and use our platform and Services, fulfill your requests and process payments, provide custom, personalized content and information, auditing, administration of the Services, forum management, fulfillment, and analytics. Your information may also be used to improve the content and/or functionality of the Services. We may use your information to help us improve offerings for XPEDE. We also use your information to personalize your experience.
B. Communications with You
We may use personal information to communicate important messages to you and/or to provide you with support. For example, we might send you service-related emails or messages (e.g., user Account verification, changes or updates to features of the Platform or Services, technical and security notices) and other communications from or about Xpede. We may also contact you with promotional offerings or other communications that may be of interest to you. In the event you contact us, we use certain information to respond to your questions and assist you with any issues that may arise in your use of the Services. If you send text messages to a Driver, using the telephone number for that Driver available on the Services, we may use a third-party service provider to track and analyze these text messages. We track these text messages for fraud prevention, to ensure appropriate charging of fees, to enforce our Terms and Conditions, and for quality and training purposes. As part of this process, XPEDE and its service provider will receive in real time and
C. Provide You With the Services
We use your information to provide you the Services. For example, we use credit card information to complete a transaction or an address to allow the Driver to fulfill your delivery or pick up.
D. Maintain the safety, stability and security of our Platform and Services
We may use the personal information to maintain the safety and security of our Platform and Services, such as detect or prevent fraud, abuse or other harmful activities, diagnose or fix technology problems, conduct security investigations and risk assessments, and improve and enforce our security measures. We use the personal information to combat spam, malware, malicious activity or security risks; improve and enforce our security measures; and to monitor and verify your identity so that unauthorized users do not gain access to your information.
E. Maintain Legal and Regulatory Compliance
We may use the personal information in connection with legal and regulatory proceedings and requirements. For example, we process your Personal Information to pay our taxes, to fulfill our business obligations, ensure compliance with employment and recruitment laws or as necessary to manage risk as required under applicable law.
F. Enforce Compliance with Our Terms of Use, Policies and Rights
When you access or use our Services, you are bound to our Terms of Use and this Policy. To ensure you comply with them, we process your Personal Information by actively monitoring, investigating, preventing and mitigating any alleged or actual prohibited, illicit or illegal activities on our Services. We also process your Personal Information to: investigate, prevent or mitigate violations of our internal terms, agreements or policies; enforce our agreements with third parties and business Couriers.
G. Other Business Purposes
From time to time, we may use personal information for a specific purpose not contemplated by this Privacy Policy. In such an event, we will specifically disclose that use to you.
4. Potential Sharing of Personal Information with Third Parties by Xpede
We could share your Personal Information as described below.
A. Drivers/Couriers
To help provide you with a high-quality delivery or pick up, we also may share your information, including your Personal Information and order details, with the Drivers who complete your requested deliveries or pick ups.
B. Service Providers
We may share your information with our third-party service providers for certain business purposes. This information is provided in order for them to provide us services such as payment processing, advertising services, marketing Couriers, web analytics, data processing, IT services, customer support and other services. These third-party service providers have access to your Personal Information only for the purpose of performing services on our behalf and are expressly obligated not to disclose or use your Personal Information for any other purpose.
C. Analytics Providers
We share personal information with third-party analytics providers to better understand the demographics of our users and visitors, and to personalize, enhance and improve our Platform and Services.
D. Related Entities
We may share your information with our affiliates (entities that control or are under the control of XPEDE) for business purposes. We will require these entities to comply with the terms of this Policy with regard to their use of your information.
E. Public
We make available through the Services certain features which may enable you to post information and materials, for example, ratings and reviews, photo uploads, and chat functionality. Please note that any information you provide in connection with such Services may be available to site visitors and to the general public. Please do not disclose your personal information in these public or interactive areas on the Services, and we urge you to exercise discretion and caution when deciding to disclose any other information and/or materials in these public or interactive areas on the Services.
F. Business or Corporate Transaction(s) or Reorganization
We may take part in or be involved with a corporate business transaction, such as a merger, acquisition, joint venture, or financing or sale of all or a portion of company assets. We may disclose personal information to a third party during negotiation of, in connection with or as an asset in such a corporate business transaction. Personal information may also be disclosed in the event of insolvency, bankruptcy, or receivership.
G. Legal Obligations and Rights
We disclose personal information to third parties, such as legal advisors and law enforcement, as required by law or subpoena or if we reasonably believe that such action is necessary to (a) comply with the law and the reasonable requests of law enforcement; (b) enforce our Terms of Use or to protect the security or integrity of our Services; (c) detect, suppress or prevent fraud or reduce credit risk and collect debts owed to us; and/or (d) exercise or protect the rights, property, or personal safety of Xpede, our visitors, or others.
H. Your Consent
We also may share or disclose your information to third parties with your consent or at your direction.
5. How Your Information Retained and Protected
A. Data storage and transfer
Your information collected through our Service is stored and processed in the United States. If you create an Account on the Platform as a visitor from outside the United States, by using and/or accessing the Platform or Services, you agree to this Privacy Policy and consent to the collection, transfer, storage, and processing of your information to and in the United States. If you are located in the European Union or other regions with laws governing data collection and use that may differ from U.S. law, please note that we may transfer information, including personal information, to a country and jurisdiction that does not have the same data protection laws as your jurisdiction.
B. Keeping your information safe
We care about the security of your information and employ physical, administrative, and technological safeguards designed to preserve the integrity and security of all information collected through our Service. However, no security system is impenetrable and we cannot guarantee the security of our systems. Please recognize that protecting your personal information is also your responsibility. Accordingly, we strongly recommend that you change your passwords often, use a combination of letters and numbers, make sure you use a secure browser, and otherwise take precautions when communicating your personal information on the internet. If you know or have reason to believe that your Account credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your Account, please contact us following the instructions in the Contact Us section below.
6. Security & Children’s Personal Information
XPEDE has implemented administrative, technical, and physical security controls that are designed to safeguard Personal Information. However, no online activity is ever fully secure or error-free. While we strive to protect your information, we cannot guarantee that your Personal Information is absolutely secure. Please keep this in mind when disclosing any information to XPEDE.
Please recognize that protecting your Personal Information is also your responsibility. We urge you to take every precaution to protect your information when you are on the Internet, or when you communicate with us and with others through the Internet. Change your passwords often, use a combination of letters and numbers, and make sure you use a secure browser. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of your account might have been compromised), or if you suspect someone else is using your account, please let us know immediately by contacting us as indicated in the Contact Us section below.
In addition, our websites and online Services are not directed to, and we do not intend to, or knowingly, collect or solicit personal information from children under the age of 13. In the event that we learn that we have inadvertently collected personal information from a child under age 13, we will delete that information as quickly as possible. A parent or guardian of a child under age 13 may review and request deletion of the child’s Personal Information. If you have reason(s) to believe that we have any information from a child under 13, please contact us at support@xpede.net and subject title: “Child Under 13 Privacy.”
7. Your Rights and Choices
We provide our customers and their authorized agents with the ability to access and delete Personal Information. In order to exercise these rights you must login to your account to confirm your id entity, which helps us ensure that Personal Information is only made accessible to appropriate parties. Customers will not receive discriminatory treatment for exercising their rights and can return to the service after deleting their information.
A. Your Rights
This section lists the privacy-related rights (“Rights”) we extend to all XPEDE customers. Your right to know and right to deletion are not absolute and are subject to certain exceptions. For instance, we cannot disclose specific pieces of Personal Information if the disclosure would create a substantial, articulable, and unreasonable risk to the security of the Personal Information, your account with us or the security of our systems.
- Right to Know – You have the right to know the Personal Information we collect, use, disclose, and sell about you.
- Right to Deletion – You have the right to request that we delete any Personal Information we have collected from you or maintain about you. We may save Personal Information when permitted by applicable law including, without limitation, when the information is needed for a legal purpose. If you are a California consumer, we may retain your Personal Information as necessary to: (1) complete the transaction for which the personal information was collected, provide a good or service requested by you, or reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform a contract between XPEDE and you; (2) detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activi ty, or prosecute those responsible for that activity; (3) debug to identify and repair errors that impair existing intended functionality; (4) exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law; (5) comply with the California Electronic Communications Privacy Act pursuant to Chapter 3.6 (commencing with Section 1546) of Title 12 of Part 2 of the Penal Code; (6) 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 XPEDE’s deletion of the information is likely to render impossible or seriously impair the achievement of such research, if you have provided informed consent; (7) to enable solely internal uses that are reasonably aligned with the expectations of you based on your relationship with XPEDE; (8) to comply with a legal obligation; or (9) to otherwise use your personal information, internally, in a lawful manner that is compatible with the context in which you provided the information.
- Right to Rectification – If you are a registered XPEDE user you may modify certain of your Personal Information by logging into our Site using your username and password and visiting the “Account” page. Registered XPEDE users may also access the “Account” page to manage their subscriptions.
- Right to Opt-Out of the Sale of Your Personal Information – You have the right to opt-out of having your Personal Information sold. The California Privacy Rights Act (“CPRA”) amends the California Consumer Privacy Act to broadly define “sale” in a way that may include allowing third parties to receive certain information such as cookie identifiers, IP addresses and/or browsing behavior to add to a profile about your device, browser or you. Such profiles may enable delivery of interest-based advertising by such third parties within their platform or on other sites. Depending on how you use the Services, we may share the following categories of information for such interest-based advertising which may be considered a sale (as defined by the CPRA): (1) device information and identifiers, such as IP address and unique advertising identifiers and cookies; and (2) connection and usage information, such as browsing history or app usage. Although this obligation of the CPRA does not become effective until January 1, 2023, you may opt out of such tracking technologies by following the instructions in Section 2 above.
- Right to Non-Discrimination – XPEDE will not discriminate against those who exercise their Rights. Specifically, if you exercise your Rights, we will not deny you goods or Services, charge you different prices or rates for goods or Services or provide you a different level or quality of goods or Services.
B. Asserting Your Rights
If you have an XPEDE account, you may exercise your right to know or your right to deletion by logging into your account and following specific instructions to delete certain information.
If you do not have a XPEDE account, you may exercise your right to know or your right to deletion by emailing your request to us at support@xpede.net from the email address that you believe is associated with XPEDE account, with the subject line “Non-Account User Data Request.” For safety and to otherwise prevent fraud, we may ask that you provide us with certain personal information that’s reasonably necessary for us to confirm your identity
You may also designate an authorized agent to make a request to know or a request to delete. In order to be able to act, authorized agents have to submit written proof that they are authorized to act on your behalf, or have a power of attorney. We may deny requests from authorized agents who do not submit proof that they have been authorized by you to act on their behalf.
8. Third-Party Websites
Our websites and online Services may include links to third-party websites, plug-ins and applications. Except where we post, link to or expressly adopt or refer to this Privacy Policy, this Privacy Policy does not apply to, and we are not responsible for, any personal information practices of third-party websites and online services or the practices of other third parties. To learn about the personal information practices of third parties, please visit their respective privacy notices.
9. Social Media Usage
You may choose to enable or log in to our Services via various online services, including social networking services like Facebook and Google. Our Services also may enable you to access social networking services such as Facebook, Twitter, or Instagram (collectively, “Social Network”) directly or indirectly through our Services.
When you link a Social Network account to XPEDE or log into our Services using your Social Network account, we may collect relevant Personal Information necessary to enable our Services to access that Social Network and your information contained within that Social Network. We also may share your information with the operator of that Social Network to facilitate or enhance delivery of that Social Network or other services to you. A Social Network may provide us with access to certain information that you have provided to them, and we will use, store, and disclose such information in accordance with this Policy. Additionally, a Social Network may collect Personal Information and information about your use of our Site or Services automatically. The manner in which a Social Network collects, uses, stores, and discloses your information is governed by the policies of such third parties and XPEDE shall have no liability or responsibility for the privacy practices or other actions of any Social Network that may be enabled within our Services.
You may also have the option of posting your activities on our Services and other content to a Social Network when you access content through our Services. For example, you may post to Facebook that you placed an order with XPEDE. Keep in mind that your usage of Social Network features is governed by applicable Social Networks and not by XPEDE, and may be visible or accessible to the public.
10. Certain Regions Disclosures
We may choose or be required by law to provide different or additional disclosures relating to the processing of personal information about residents of certain countries, regions or states. Please refer below for disclosures that may be applicable to you:
- California. If you are a resident of the State of California in the United States, please click here for additional California-specific privacy disclosures.
- Nevada. If you are a resident of the State of Nevada, Chapter 603A of the Nevada Revised Statutes permits a Nevada resident to opt-out of future sales of certain covered information that a website operator has collected or will collect. To submit such a request, please contact us at support@xpede.net and subject title: “Nevada Privacy OptOut.”
11. International Users
XPEDE is based in the United States and, regardless of where you use our Services, the information collected as part of that use will be transferred to and maintained on servers located in the United States. Any information we obtain about you will be stored in accordance with U.S. privacy laws, regulations, and standards, which may not be equivalent to the laws in your country of residence. By using our Services, you consent to this collection, transfer, storage, and processing of information to and in the United States.
12. Updates to This Privacy Policy
We will update this Privacy Policy from time to time. When we make changes to this Privacy Policy, we will change the "Effective" date at the beginning of this Privacy Policy. If we make material changes to this Privacy Policy, we will notify you by email to your registered email address, by prominent posting on this website or our online Services, or through other appropriate communication channels. All changes shall be effective from the date of publication unless otherwise provided. If you do not cancel your Account before the date the revised Privacy Policy becomes effective, your continued access to or use of our platform and/or Services will be subject to the revised Privacy Policy.
16. Contact Us
If you have any questions or concerns relating to this Policy or our privacy practices please contact us at: support@XPEDE.net or:
11752 Garden Grove Boulevard, Suite 123
Garden Grove, CA 92843