Privacy Policy

Overview

We collect Personal Information (as defined below) from users of our Website and Services when it is voluntarily provided to us and use it for the purposes for which it was provided (see Information We Collect Directly From You).

We automatically collect information (which may include Personal Information) from users of our Website and Services for advertising and analytical purposes (see Information We Collect From You Automatically).

If you are a resident of the State of California, Colorado, Connecticut, Utah, or Virginia in the United States, please see below in the California and Additional State Privacy Rights section for additional state-required privacy disclosures.

Personal Information We Collect from You and How We Collect It

Collected Directly From You

We may collect information, including Personal Information, when you provide such information to us directly, such as when you send us an email, participate in one of our events or otherwise interact with us on the Website or through our Services. “Personal Information” is information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with you.   Categories of Personal Information we collect directly from you include identity data (e.g., name or other identifiers), and contact data (e.g. address, email address, telephone number).  We may also collect other information that you directly provide us including marketing and communications data (e.g. your preferences in receiving marketing from us). Except for staff members (i.e. employees and independent contractors, including contingent workers, temporary workers, and interns), we have no need for and ask that you not send us any sensitive personal information (e.g. social security numbers).

Collected Automatically

Giant Spoon, our service providers or our third party partners may also automatically collect information, including Personal Information, from you when you visit our Website and use or interact with our Services including through cookies and other tracking technologies. While some of this information (like a device ID or cookie ID) does not enable us to directly identify you or other users (e.g., we do not know your name or contact information), that information may be considered “personal information” or “personal data” under applicable privacy laws and is considered “Personal Information” for purposes of this Privacy Policy to the extent required under applicable privacy laws. Such information may include data collected by the following methods:

Cookies and Similar Technology

We or our vendors may store some information on your device or device hard drive as a cookie or similar type of file (such as clear gifs, web beacons, tags, and similar technologies that work on mobile devices) to collect data related to usage of the Website or our other Services. "Cookies" are pieces of information that may be placed on your computer by a website for the purpose of collecting data to facilitate and enhance your communication and interaction with that website. Such data may include, without limitation, the address of the websites you visited before and after you visited the Website or interacted with our Services, the type of browser you are using, your Internet Protocol (IP) address, what pages in the Website you visit and what links you clicked on, the region where your device is located, and geo-IP data. We may use cookies to customize your visit to the Website and for other purposes to make your visit more convenient or to enable us to enhance our Services.  

Clickstream

As you use the Internet, a trail of electronic information is left at each website you visit.  This information, which is sometimes referred to as "clickstream data," can be collected and stored by a website's server.  Clickstream data can tell us the type of computer and browsing software you use and the address of the website from which you linked to the Website or interacted with our other Services.  We may collect and use clickstream data as a form of aggregate information to anonymously determine how much time visitors spend on each page of our Website (or other Services), how visitors navigate throughout the Website or other Services and how we may tailor our web pages or other Services to better meet the needs of visitors.  This information will be used to improve our Website and our Services.

Site Analytics

We may work with third party service providers who use the technologies described in this section to conduct website analytics to help us track and understand how visitors use our Website. One such provider is Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses cookies to help analyze how users use the Website. The information generated by the cookie about your use (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of the Website, compiling reports on activity for its staff and providing other services relating to web page activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf. You may refuse the use of cookies by selecting the appropriate settings in your browser. By using the Website and accepting cookies, you consent to the processing of data about you by Google in the manner and for the purposes set out above. Please refer to the Google Analytics currently available opt-outs for the web, found at https://tools.google.com/dlpage/gaoptout/. You may also follow the relevant opt-out processes described below under “Opt-Out.

Information Collected at Events

You may voluntarily provide your Personal Information when you participate in an experiential event or other offline event that we administer or participate in on behalf of a third party to whom we provide advertising services (“Event Advertiser”). Personal Information collected may include your contact information such as your name, phone number, email or mailing address and your image. We may also collect consumer preference information and other data at events. This information is collected by the Event Advertiser, or by Giant Spoon (in some instances through a vendor) solely on behalf of the Event Advertiser, and will be subject to the Event Advertiser’s privacy policy or an event-specific privacy policy if either are presented to you. If neither the Event Advertiser’s nor an event-specific privacy policy is presented to you, this Privacy Policy will apply. Please consult the applicable privacy policy for more details about the disclosure and use of your information collected at these events and your rights over such information.

How We Use Your Personal Information

We use Personal Information and other information as described herein, including for the following purposes:

●      to contact you about and provide you and our Clients (as defined below) with our Services.

●      to personalize your experience with us including by presenting products or offers tailored to you.

●      to respond to your direct inquiries.

●      to add you to our mailing lists and send you emails and other communications from time to time.

●      to operate the Website and Services, including to provide you with any specific services that you may have requested;

●      to otherwise fulfill or meet the reason you provided the information.

●      to respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.

●      to carry out our obligations and enforce our rights arising from any contracts entered into between you and us (including our Terms of Use), including for billing and fulfillment.

●      as described to you when collecting your Personal Information or as otherwise set forth under applicable state law.

●      to help maintain the safety, security, and integrity of our Website, Services, databases and other technology assets, and business.

●      for internal research for technological development and demonstration and to improve, upgrade or enhance our Website and Services.

●      for detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, and prosecuting those responsible for that activity.

●      in emergency situations to protect the personal safety of us, our users, or the public.

●      to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Giant Spoon’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Information held by Giant Spoon about our Website and Service users is among the assets transferred.

●      for any additional purposes that you specifically consent to including with respect to any experiential or offline events.

We also reserve the right to supplement your Personal Information with information we gather from other sources which may include information we gather from online and offline sources. Finally, we reserve the right to use and disclose Non-Personal Information (as defined below) in any manner permitted by law except as otherwise provided in this Privacy Policy.

Non-Personal Information

As noted above, we may collect information that is not Personal Information (“Non-Personal Information”).  We may aggregate or de-identify Personal Information so that the information does not personally identify you or anyone else, such as by using Personal Information to calculate the percentage of our customers who live in a particular area. Because Non-Personal Information, including aggregate or de-identified information, does not personally identify you, we may collect, use and disclose Non-Personal Information for any purpose permitted by law and subject to the section titled “Additional U.S. State Disclosures”.  In some instances, we may combine Non-Personal Information with Personal Information.  If we combine any Non-Personal Information with Personal Information, the combined information will be treated by us as Personal Information.

How We Disclose Your Personal Information

Besides using your Personal Information ourselves, we may send your Personal Information and other information to other companies, affiliates and third parties in the following instances:

●    Event Advertisers. We may collect your Personal Information at experiential and other offline events that we administer or participate in on behalf of Event Advertisers.  In those instances, we will disclose such information to the Event Advertisers to provide them with our Services.

●    Service Providers. We may disclose your Personal Information to other parties who may use your information to provide us services such as website hosting, data analysis, infrastructure provision, information technology services, customer service, e-mail delivery services, auditing, and anti-fraud monitoring.  These third parties may have access to Personal Information that is necessary to perform their functions.  

●    Legal Compliance and to Defend Our Rights. We may disclose Personal Information and other information as we believe necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities including public and government authorities outside your country of residence; (d) to enforce our terms and conditions; (e) to protect our operations or those of any of our affiliates; (f) to protect our rights, privacy, safety or property, and/or that of our affiliates, you or others; and (g) to allow us to pursue available remedies or limit the damages that we may sustain.

●    Business Transfers. We may disclose your Personal Information and other information to other parties in connection with a corporate restructuring, acquisition or divestiture.

●    Aggregated or Non-Personal Information. We may disclose aggregated information or Non-Personal Information to unaffiliated parties, such as business partners, manufacturers, distributors and retailers, in a form in which means the disclosed information will not contain nor be linked to any Personal Information, to improve and enhance your experience using the Website and Services and for our market research activities.  

Please note that if you specifically consent to additional uses of your Personal Information, we may use your Personal Information in a manner consistent with that consent.

Internet-based Advertising

We may ourselves, or with third party vendors, use information we collect or vendor information to deliver targeted advertising to you when you visit other websites or use our Website or Services. Cookies, clickstream data, and other similar technologies described above may be used in this process. For example, if you are searching for information on a particular product, we or our vendor may cause an advertisement to appear on other websites you view with information on that product. This form of advertising, sometimes called “behavioral advertising,” which enables us and our vendors to know your interests in connection with the delivery of that specific ad. We believe that such advertising is helpful because you will see advertisements that are relevant to your interests. However, if you would like to opt out of these interest-based advertisements, please follow the opt-out process described below under “Opt-Out.”

Interactive Tools on our Website and Services

Certain features on our Website or Services may give you an opportunity to interact with us and others. These may include review boards, blogs, message boards, messaging functionality, chat functionality, and creating community profiles. When you use these features you should be aware that any information you submit, including your name and email address, may be publicly available to others. We are not responsible for any information you choose to submit through these interactive features and we request that you do not disclose any sensitive Personal Information (such as health or financial information) through these features. If you use these features, your Personal Information may remain on the Website or Services even after you cease use of the Website or Services.

Security (How We Protect Your Information)

The security of your information is very important to us. We attempt to provide for the secure transmission of your information from your computer to our servers by utilizing encryption software. However, due to the inherent open nature of the Internet, we cannot guarantee that communications between you and Giant Spoon, or information stored on the Website, our Services or our servers, will be free from unauthorized access by third parties such as hackers and your use of the Website or Services demonstrates your assumption of this risk. We have put in place reasonable physical, electronic, and managerial procedures to safeguard the information we collect. Only those employees who need access to your information in order to perform their duties are authorized to have access to your Personal Information.  If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account you might have with us has been compromised), please immediately notify us of the problem by contacting us in accordance with the Contact section below.

Data Retention

We will retain your information only for as long as your account or inquiry is active or as needed to provide you with the Website or Services and for a reasonable time thereafter in accordance with our standard procedures or as necessary to comply with our legal obligations, to resolve disputes, and to enforce our agreements. Even if we delete some or all of your information, we may continue to retain and use anonymous or aggregated data previously collected. Please note that we will not be liable for disclosures of your data due to errors or unauthorized acts of third parties.

Protection for Children

Our Website and Services are intended for ages 18 and over. We do not knowingly collect Personal Information from minors. When we become aware that Personal Information (or other information that is protected under applicable law) from a child under 13 (or such other age as may be restricted under local law) has been collected, we will use all reasonable efforts to delete such information from our database. If you believe we might have any Personal Information from or about a child under 13, please contact us at privacy@giantspoon.com.

Other Websites and Social Networking Services

As a convenience to you, we may provide links to third party websites, apps or services from within the Website or Services. We are not responsible for the privacy practices or content of these third party sites, and by providing a link we are not endorsing or promoting such third party sites. When you navigate away from our Website or Services, you do so at your own risk.  We encourage you to read the policies and terms of every website, app or service you visit.

The Website or Services may integrate with social networking services. We do not control such services and are not liable for the manner in which they operate. While we may provide you with the ability to use such services in connection with our Website or Services, we are doing so merely as an accommodation and, like you, are relying upon those third party services to operate properly and fairly.

You should be aware that Personal Information which you voluntarily include and transmit online in a publicly accessible blog, social network or otherwise online may be viewed and used by others. We are unable to control such uses of your Personal Information, and by using such services you assume the risk that the information provided by you may be viewed and used by third parties.

Opt-Out

To opt-out of any future promotional messages from us, you should send an unsubscribe request to us at privacy@giantspoon.com. We will process your request within a reasonable time after receipt.  Please note that if you opt out in this manner, certain aspects of the Website or Services may no longer be available to you.

The online advertising industry provides a service through which you may opt-out of receiving targeted ads from certain data partners and other advertising partners that participate in self-regulatory programs.  You can opt-out of targeted advertising from certain providers that participate in the Digital Advertising Alliance (DAA) program at www.aboutads.info/consumers. Other providers are members of the Network Advertising Initiative, and you can opt-out of interest-based advertising by those members by visiting http://optout.networkadvertising.org/. Please note that by opting out, you will continue to see generic advertising that is not tailored to your specific interests and activities. To be clear, cookie-based opt-outs must be performed on each device and browser that you wish to have opted-out. For example, if you have opted out on your device browser, that opt-out will not be effective on your mobile device. You must separately opt out on each device.

For targeted advertisements delivered through mobile apps, you can install the DAA’s AppChoices app on your device to opt-out of targeted advertising by certain providers and can also select a system level advertising preference feature on your device (such as “Limit Ad Tracking” on Apple devices or “Opt-out of Interest-based ads” on Android devices). 

If you want to stop or restrict the placement of cookies or flush any cookies that may already be on your computer or device, please refer to and adjust your web browser preferences. Further information on cookies is available at www.allaboutcookies.org. By deleting our cookies or disabling future cookies you may not be able to access certain areas or features of our Website or some of its functionality may be affected.

Some browsers have a “do not track” (also known as DNT) feature that lets you tell websites that you do not want to have your online activities tracked. Please note that, unless required by law, we do not respond to or honor “do not track” (a/k/a/ DNT) signals or similar mechanisms transmitted by web browsers. However, to the extent required under applicable law, we will treat Global Privacy Control signals as an opt-out of sharing of Personal Information (if any) collected on this Website for cross-context behavioral advertising purposes under the California Consumer Privacy Act as amended (“CCPA”) or to the extent we otherwise sell or share your Personal Information gathered on this Website under CCPA.

Changes to policy

We reserve the right, at our discretion, to change, modify, add, or remove portions from this policy at any time, provided that any such modifications will only be applied prospectively. Your continued use of the Website or Services following the posting of any changes to this policy means you accept such changes.

Contact

For questions or concerns relating to privacy, we can be contacted at: privacy@giantspoon.com.

Site Maintenance

Our Website is maintained in the United States of America. If you are located outside the U.S., by using the Website, you authorize the export of your information to the USA and its storage and use as specified in this policy.

CALIFORNIA AND ADDITIONAL STATE PRIVACY RIGHTS

These Additional State privacy right disclosures provide additional information about our Personal Information processing practices relating to individual residents of the Applicable States. Unless otherwise expressly stated, all defined terms in this Privacy Notice retain the same meaning in the disclosures below. The rights set forth below are granted only to the extent they apply in an Applicable State.

If you are a job applicant, employee or other staff member who resides in California, please click here[1]  for the applicable privacy policy.

Information We Collect; How We Collect It; How We Use It

As a resident of the Applicable States, you may access, delete and control certain uses of your information as set forth in Rights to Your Information[1] . As described above in Information Collected at Events, Personal Information that is collected by or on behalf of Event Advertisers at offline events is not subject to this Privacy Policy if an Event Advertiser’s or event-specific privacy policy is presented to you. We also may collect information on behalf of our clients (“Clients”) to provide them with our online advertising services and in such cases, when we act as a “Service Provider” or “Processor” under Applicable State law, the Client’s privacy policy, not this Privacy Policy, will apply. Please consult the Event Advertiser’s privacy policy, the event-specific privacy policy or the Client’s privacy policy, as applicable, for information on your rights over Personal Information collected at certain offline events or in relation to our Client’s online advertising.

See the chart below for information about our data collection practices (including types of data collected) during the prior 12 months:

In addition to the descriptions set forth above, each of these categories of Personal Information may be collected and used:

●      To fulfill or meet the reason you provided the information.

●      To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.

●      To carry out our obligations and enforce our rights arising from any contracts entered into between you and us (including our Terms of Use), including for billing and fulfillment.

●      As described to you when collecting your Personal Information or as otherwise set forth under applicable state law.

●      To help maintain the safety, security, and integrity of our Website, Services, databases and other technology assets, and business.

●      For internal research for technological development and demonstration and to improve, upgrade or enhance our Website and Services.

●      For detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, and prosecuting those responsible for that activity.

●      In emergency situations to protect the personal safety of us, our users, or the public.

●      To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Giant Spoon’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Information held by Giant Spoon about our Website and Service users is among the assets transferred.

Disclosing Personal Information

Giant Spoon may disclose your Personal Information to another party for a business purpose.

The information in the chart above and in the How We Disclose Your Information[1]  section provides additional details regarding the categories of parties with which we may disclose your Personal Information. We do not currently (as of the Effective Date of this Privacy Policy)  “sell” or “share”  your Personal Information, as we understand such terms are defined under the laws of the Applicable States. However, we nonetheless do provide certain opt-out rights and other data subject rights to residents of the Applicable States with regard to Personal Information. To learn more about your rights in this regard, please see the sections below entitled, Rights Regarding Your Information and Personal Information Sales Opt-Out and Opt-In Rights[2] .

In the preceding twelve (12) months, Giant Spoon has disclosed the following categories of Personal Information for a business or commercial purpose:

●      Personal identifiers.

●      Personal information covered by the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).

●      Commercial information.

●      Internet or other similar network activity.

●      Sensory data.

●      Inferences drawn from other Personal Information.

See the chart above and the How We Disclose Your Personal Information section for more on each category and the categories of third parties to whom we disclose your Personal Information. Additional disclosures and information relevant under the CCPA and other Applicable State laws may also be found in the other privacy policy sections above including Personal Information We Collect from You and How We Collect It and How We Use Your Personal Information.

Rights Regarding Your Information

Right to Know About Personal Information Collected, Disclosed or Sold

As a resident of an Applicable State, you have the right to request that we disclose certain information to you about our collection, use, disclosure or sale of your Personal Information over the prior 12 month period. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability and Deletion Rights), and subject to certain limitations that we describe below, we will disclose such information.

You have the right to request any or all of the following:

●      The categories of Personal Information we collected about you.

● The categories of Personal Information that we have sold or disclosed about you for a business purpose

●      The categories of sources from which the Personal Information is collected.

●      Our business or commercial purpose for collecting or selling that Personal Information.

●      The categories of parties with whom we disclose that Personal Information.

●      The specific pieces of Personal Information we collected about you (also called a data portability request).

Deletion Request Rights

You have the right to request that we 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 below), we will delete (and direct our service providers to delete) your Personal Information from our records, unless an exception applies.  However, we may retain Personal Information that has been de-identified or aggregated. Furthermore, we may deny your deletion request if retaining the information is necessary for us or our service provider(s) in order to perform certain actions set forth under applicable law, such as detecting security incidents and protecting against fraudulent or illegal activity.

Please note that if you request deletion of your Personal Information, we may deny your request or may retain certain elements of your Personal Information if it is necessary for us or our service providers to:

●      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 our business and you.

●      Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity.

●      Debug to identify and repair errors that impair existing intended functionality.

●      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.

●      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.

●      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 deletion of the information is likely to render impossible or seriously impair the achievement of such research, if you have provided informed consent.

●      To enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us.

●      Comply with a legal obligation.

●      Otherwise use the Personal Information, internally, in a lawful manner that is compatible with the context in which you provided the information.

If we refuse your request, you have the right to appeal such refusal by submitting a request to appeal  through any means listed under Exercising Access, Data Portability, Correction and Deletion Rights below. Within 60 days of receipt of an appeal, we will inform you in writing via email of any action taken or not taken in response to the appeal, including a written explanation of the reasons for the decisions

Exercising Access, Data Portability, Correction and Deletion Rights

To exercise any of your rights described herein, please submit a request to us by contacting us at (888) SPOON-50 or by clicking here.

You have the right to request a copy of Personal Information we have collected and maintained about you in the past 12 months.

You have the right to correct inaccurate Personal Information that we have collected and maintain about you.

Although we request that you do not provide us with sensitive Personal Information (“SPI”), if you do, you have the right to limit the use or disclosure of your SPI if we are using your SPI beyond what is reasonable and proportionate to provide the requested goods or services. You can make a request for us to limit the use or disclosure of your SPI by clicking here[1] .

Only you, or a person or business entity that you authorize to act on your behalf (an “authorized agent”), may make the requests set forth above. The request should include your contact information and describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it. In addition, you should provide sufficient information that allows us to reasonably verify that you are the person about whom we collected the Personal Information or an authorized representative of that person. We will need to validate any request to exercise these rights, including any authorized agent.

For more information about verification, see Response Timing and Format immediately below.

Response Timing and Format

We will respond to consumer requests in a reasonably timely manner. If we require extra time to respond, we will inform you of the reason and extension period in writing. In order to protect the security of your Personal Information, we will not honor a request if we cannot verify your identity or authority to make the request and confirm the Personal Information relates to you. The method used to verify your identity will depend on the type, sensitivity and value of the information, including the risk of harm to you posed by any authorized access or deletion. Generally speaking, verification will be performed by matching the identifying information provided by you to the Personal Information that we already have.

Any disclosures we provide will only cover the 12-month period preceding our receipt of your request (and will not be made more than twice in a 12-month period). If we cannot comply with a request, or cannot fully comply with a request, the response we provide will also explain the reasons we cannot comply.

Personal Information Sales Opt-Out and Opt-In Rights

You have the right to opt-out of the sale of your Personal Information. Note, however, we do not “sell” your Personal Information, as we understand that term to be defined under the laws of the Applicable States.

You may exercise the right to opt-out, by submitting a request to us (or by having your authorized representative submit a request) through the following Internet Web page:

Do Not Sell or Share My Personal Information[2]

Alternatively, you may submit an opt-out request by emailing privacy@giantspoon.com or calling 888-776-6650.

Non-Discrimination

We will not discriminate against you for exercising any of your rights hereunder, including, but not limited to, by:

●      Denying you goods or services.

●      Charging you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.

●      Providing you a different level or quality of goods or services.

●      Suggesting that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

California’s “Shine the Light” Law

California’s “Shine the Light” law, permits our users who are California residents to request and obtain from us a list of what Personal Information (if any) we disclosed to third parties for their own direct marketing purposes in the previous calendar year and the names and addresses of those third parties. Requests may be made only once per year per person, must be sent to privacy@giantspoon.com, and are free of charge. However, note, we do not disclose Personal Information protected under the “Shine the Light” law to third parties for their own direct marketing purposes.