Here's the lowdown on what we do with the info that you provide us. In short, we store it and that's about it. Read on for details.
Porter Partners, LLC
Last Updated March 1, 2020
Porter is committed to protecting your personal information and your right to privacy. This Privacy Notice describes how Porter collects, protects, uses, and discloses information and data collected and created in the course of your access to and use of the Website and our Services, as well as your interactions with us via telephone, through email or mail.
This Privacy Notice also contains information about privacy rights specific to California residents.
Your privacy is important, and we encourage you to read this Privacy Notice carefully to understand the information we collect and what we do with it.
Consent. By accessing the Website, creating an account or user profile on the App, or submitting information to Porter in any way, you consent to this Privacy Notice and the collection and use of information as described below. At different stages of collecting information, we will take steps to notify you and to confirm that you agree. If you do not agree with our policies and practices, you may not be able to access or benefit from certain portions of the Website.
Scope. Please be advised that this Privacy Notice applies to information that we collect: when you visit the Website or use the App, when you submit your information to us on the Website or via the App, when you communicate with us through email and other communications, via third parties that we work with to provide our services, or by any other means over the course of your use of our Services.
Personal Information. As used in this Privacy Notice, “Personal Information” means information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular individual consumer or device, such as:
- Identifiers (e.g., name, address, telephone number, email address, username)
- Sensitive personal information (e.g., state identification number, financial information)
- Protected classification information (e.g., age, citizenship, sex, veteran or military status)
- Biometric information (e.g., keystrokes, behavioral or biological characteristics)
- Internet or other similar activity (e.g., browsing history)
- Employment-related information (e.g., current or past employment)
- Nonpublic educational information, including information protected under the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)
- Commercial information (e.g., products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies)
Personal Information does not include (a) publicly available information; (b) aggregate information, meaning data about a group or category of services or users from which individual identities and other Personal Information has been removed; or (c) deidentified information that cannot be easily linked back to the individual.
Lawful Basis. We will only collect your Personal Information (a) when applicable, with your consent; (b) if we have a legitimate interest in doing so; or (c) as authorized or required by law. We will limit the collection of Personal Information to that which is reasonable and necessary. If we collect or use your Personal Information based on your consent, we will also notify you of any changes and will request your further consent as needed.
COLLECTION & USE OF PERSONAL INFORMATION
The types of Personal Information we collect about you, and how we use the Personal Information we collect, depends on the context of your interactions with Porter, the App, or our other Services.
Information collected directly from you, with your consent. We collect Personal Information directly from you with your consent when you communicate with us online, by email or via telephone. More specifically, we collect:
- Contact information when you contact Porter via an online form, email, or by phone in order to express an interest in obtaining information about Porter or our Services, sign up for our mailing list, or participate in activities related to the Services. This includes identifiers like your name, title, email address, telephone number, and address. We use this information to communicate with you about our company and our Services. We also use this information for our direct marketing purposes. You can opt out of Porter’s marketing communications at any time.
- Registration information you provide as the owner or operator of a restaurant, food hall, bar, or other hospitality business that uses Porter’s Services (each a “Merchant”) when you create an account with Porter on behalf of your business (a “Porter Account”). When you create a Porter Account, we collect your contact information, customer account number, account password and password hints or similar security information, and payment information like your debit/credit card number and billing address. We use this information to provide you with our Services, to fulfill and manage your orders, payments, returns, and exchanges made through the Services or Apps, and to communicate with you about changes to our terms, conditions and policies. We process all payments via a PCI-compliant payment processor. We use this Personal Information to provide Merchants with our Services.
- Information you submit to us as a registered user through your account, including information related to your account, communications you submit related to our Services or your purchases, and any User Generated Material you post to interactive features of the Website or the App. We use this Personal Information to provide Merchants with our Services and with customer support, and to improve the Services we offer.
Information we collect as a service provider, with consent or with a legitimate interest. When we act in our capacity as a service provider to a Merchant, we may collect Personal Information from you as a patron of a Merchant who uses the App (each, a “Patron”) as needed to provide our Services or customer support. The Personal Information we may collect in our capacity as a service provider may include:
- Registration information you provide with your consent when you create an account to use the App as a Patron (a “Patron Account”). When you create a Patron Account, we collect your name, email address, cellular telephone number, password and password hints or similar security information, delivery address, and payment information. We process all payments via a PCI-compliant payment processor. We use this Personal Information to make the App available to Patrons, to facilitate communications with Patrons about orders placed with Merchants, and to transmit Patron orders placed via the App as part of the Services we provide to Merchants.
- Information a Patron provides to us when the Patron calls Porter for customer service, such as the Patron’s name, email address, mobile telephone number and, in some cases, payment information and purchase history. We collect this information directly from the Patron with the Patron’s consent. In each case, we collect the minimum amount of Personal Information necessary to achieve our legitimate interest of assisting a Patron with their customer service inquiry.
- Technical information collected automatically from a Patron’s use of the App, such as device ID, IP address, browser type and operating system, transfers to Porter’s servers when Patrons install or use the Services on their device. We use this information to achieve our legitimate interest of improving the App to better support Merchants in their efforts to serve Patrons.
Text Messages: By providing us with your wireless phone number, you consent to Porter sending you informational text messages related to your use of the App or our other Services. You can unsubscribe from Porter’s text messages by replying STOP or UNSUBSCRIBE to any of these text messages. Messaging and data charges may apply to any text message you receive or send. Please contact your wireless carrier if you have questions about messaging or data charges.
Information collected from you automatically, with a legitimate interest. Porter collects internet and other similar network activity, as well as anonymous information, from your use of the Website and the App to achieve our legitimate interest of maintaining and improving the design, content and performance of the Website and the App. The information we collect in this manner may include:
- Log Files. We collect technical information from your device including the IP address, browser and device characteristics, mobile device ID, operating system, language preferences, referring URLs, device name, and information about how and when you use our Services or Apps. We also track pages visited and emails opened by Website visitors. This information allows Porter to maintain security of the Website and the App, to ensure that the Website and the App will appear and function properly on your device, and to conduct our own analyses and research to improve our Services.
- Geolocation Information. We may request access or permission to track location-based information from your mobile device, either continuously or while you are using our mobile application, to provide location-based services. We use this information to tailor our Services to you based on your location, and to conduct our own internal analyses. If you wish to change our access or permissions, you may do so in your device's settings.
In addition to the above uses, Porter uses Personal Information collected from you automatically to perform data analysis, to identify Website and Services usage trends, to develop and display content and advertising tailored to your interests or location, and to measure the effectiveness of our marketing efforts and our Services. Porter may use and store this information and the reports we generate using this information in an anonymized form or in the aggregate, so that it is not associated with individual end users and does not include personal information.
Other uses of Personal Information as permitted by law. In addition to the specific uses and purposes described above, Porter reserves the right to use information that we collect about you, including Personal Information, for any purpose permitted by law, including but not limited to:
- Investigation, prevention or action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person or violations of our Terms of Service or this Privacy Notice.
- Compliance with law, regulation, legal process or court order.
- Protection of our rights and property, and the users of our Services.
- Support of our general business operations, as permitted by law.
- For other purposes with your consent.
Children Under Age 16. Porter’s Services are designed for and marketed to adults, not children. As such, this Website and the App are not intended for children under 16 years of age. If you are under 16, do not use this Website or the App or provide any information about yourself to Porter, including your name, address, telephone number, email address, or any username you may use on or through any of the Website or App features. If Porter learns we have collected or received Personal Information from a child under 16, we will delete that information. If you believe we might have any information from or about a child under 16, please contact us at firstname.lastname@example.org.
DISCLOSURE OF YOUR PERSONAL INFORMATION
As permitted by applicable law, we may share your Personal Information as follows:
Porter’s Service Providers. Vendors that provide us with various services (collectively, “Service Providers”) may have access to your Personal Information while they are performing their contractual obligations. Examples of Service Providers we use include payment processors, data analytics companies, email delivery, web hosting services, customer service, and marketing services. We prohibit our Service Providers from selling or disclosing the Personal Information we provide, and we require all Service Providers to maintain confidentiality standards that are commercially reasonable to ensure the security of your Personal Information. These Service Providers include but are not limited to marketing companies, companies that host our Website or App or provide IT services to support either, platforms we use to help us manage our data, and companies that assist us in processing job applications that you submit through our Website. The type of information that we provide to a Service Provider will depend on the purpose of the service that they provide to us.
Porter Affiliates. When we disclose the information we collect from you to our affiliates or subsidiaries, Porter requires those affiliates to honor this Privacy Notice. If we do disclose your Personal Information to our affiliates or subsidiaries, their use and disclosure of your Personal Information will be subject to this Privacy Notice.
Our Business Partners. We may share your information with our business partners to offer you certain products, services or promotions.
Aggregated and Deidentified Information. Porter reserves the right to share aggregate, anonymized, or deidentified information about any individuals with nonaffiliated entities for marketing, advertising, research or other purposes, without restriction.
CONTROLLING YOUR PERSONAL INFORMATION
Your Choices. Porter provides you the ability to exercise certain controls and choices regarding our collection, use and sharing of your information. Depending on where you reside, your options to control your Personal Information may include some or all of the following:
- Changing the Services you are signed up for.
- Changing your preferences for what we communicate about with you and how we communicate with you.
- Correcting, updating, and deleting the Personal Information in your account. Please note that certain legal obligations may limit or prevent our ability to fulfill these requests, and that copies of information that you have updated, modified or deleted may remain viewable in cached and archived pages of the Website, Portal, or App for a period of time.
- Requesting access to the Personal Information we hold about you and that we amend or delete it.
- Choosing whether to receive marketing communications from us, including promotions, surveys, and information about products and services that may be of interest to you.
- Controlling how the cookies we use interact with your browser.
At any time, you may exercise any of these controls and choices, express concerns, lodge a complaint, or obtain additional information about the use of your Personal Information by contacting us at email@example.com.
Read more about privacy rights available to California residents.
Do Not Track. Currently, our systems do not recognize browser “do-not-track” requests. You may, however, disable certain tracking as discussed below.
Marketing Emails. You can opt out of marketing emails by following the opt-out instructions contained in the email. Please note that it may take up to 10 business days for us to process opt-out requests. If you opt out of receiving promotional emails, we may still send you emails about your account or any services you have requested or received from us.
Privacy Notice to California Residents.
This section applies to residents of the State of California.
Porter does not currently meet the applicability thresholds of the California Consumer Privacy Act (the “CCPA”; Ca. Civil Code sections 1798.100–1798.199). However, some of our contracts with service providers and other third parties may require us to comply with the CCPA. Porter adopted this section to comply with the CCPA with regard to users of our Services who are residents of the State of California (“California Consumers”) who may have certain rights related to their Personal Information. This section applies solely to Website visitors, users, and others who are residents of the State of California.
Employee Data Exception. Note that, in many cases, the Personal Information that Porter collects from you is in a business-to-business context when you are acting as an employee of a Merchant in the context of performing due diligence regarding potential procurement of our Services on behalf of your employer. Personal Information collected and used in this context is not protected Personal Information under the California Consumer Privacy Act.
Without limiting the foregoing, this section provides California Consumers with the disclosures and notices required under the CCPA. Exceptions related to employee data, as well as other exceptions and limitations, may apply to a California Consumer’s rights and Porter’s obligations under the CCPA.
Personal Information Collected. Porter has collected the following categories of Personal Information from California Consumers within the last twelve (12) months:
|A. Identifiers||A real name, alias, postal address, online identifier, Internet Protocol address, email address, account name, or similar.||YES|
|B. Personal Information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e))||A name, signature, address, telephone number, state identification number, education, employment, financial information. Some Personal Information included in this category may overlap with other categories.||YES|
|C. Protected classification characteristics under California or federal law||Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex, sexual orientation, veteran or military status, genetic information.||NO|
|D. Commercial information||Records of products or services purchased, obtained, or considered, or other purchasing histories or tendencies.||YES|
|E. Biometric information||Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as fingerprints, voiceprints, iris or retina scans, or keystrokes.||NO|
|F. Internet or other similar network activity||Browsing history, search history, information on a consumer's interaction with a website, application, or advertisement.||YES|
|G. Geolocation data||Physical location or movements.||YES|
|H. Sensory data||Audio, visual, thermal, olfactory, or similar information.||NO|
|I. Professional or employment-related information||Current employment information, including job title and contact information.||NO|
|J. Nonpublic education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99))||Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.||NO|
|K. Inferences drawn from other Personal Information||Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes||NO|
Sources for the Personal Information We Collect. We collect the Personal Information described above from the following sources:
- Directly from you, depending on the context of your interactions with Porter and the Services you use, such as when you express an interest in obtaining information about Porter or our Services, sign up for our mailing list, or participate in activities related to the Services.
- Indirectly from you, meaning the Personal Information we collect automatically from your use of the Website or the App.
- Third parties, as described in more detail below.
Use of Personal Information. Depending on your interactions with Porter, we may use or disclose the Personal Information we collect about you for one or more of the following business purposes:
- To communicate with you about our company and our Services.
- To provide you with our Services, to fulfill and manage your orders, payments, returns, and exchanges made through the Services or Apps, and to communicate with you about changes to our terms, conditions and policies.
- To make the App available to Patrons and to transmit Patron orders placed via the App as part of the Services we provide to Merchants.
- For our direct marketing efforts, such as sending you email marketing materials and developing and displaying content and advertising tailored to your interests or location.
- To maintain security of the Website and the App and to ensure that the Website and the App will appear and function properly on your device.
- For other purposes as permitted by law, such as complying with a law, regulation, legal process or court order, or fulfilling any other purpose with your consent.
We will not collect additional categories of Personal Information or use the Personal Information we collect for materially different, unrelated, or incompatible purposes without notifying you.
Disclosing Personal Information. Porter may disclose Personal Information for a business purpose to the following categories of third parties:
- Vendors that assist with marketing, web hosting, and other technical functions.
- Parent entities, affiliates and subsidiaries.
- Law enforcement, regulatory and other governmental agencies.
- Cookie information recipients, subject to their respective privacy notices.
In the preceding twelve (12) months, Porter has disclosed the following categories of Personal Information for a business purpose:
- California Customer Records Personal Information categories.
- Commercial information.
- Geolocation data.
- Internet or other similar network activity.
No Sale of Personal Information. Porter does not share, sell, rent, or transfer your Personal Information to any business that is not a Service Provider or as otherwise permitted by applicable law. We do not sell, lease, or loan our mailing list or portions thereof to anyone at any time.
Your Rights and Choices. The CCPA provides California Consumers with specific rights regarding their Personal Information. The following paragraphs describe CCPA rights and explain how to exercise those rights. Each of these rights is subject to our receipt of a verifiable consumer request (see Submit a Consumer Privacy Request).
Right to Disclosure. You have the right to request that we disclose certain information to you about our collection and use of your Personal Information over the past 12 months, such as:
- Categories of Personal Information we have collected about you.
- Categories of sources for the Personal Information we have collected about you.
- Our business or commercial purpose for collecting or selling that Personal Information.
- Categories of third parties with whom we share that Personal Information.
- If we sold or disclosed your Personal Information for a business purpose, two separate lists disclosing (i) sales, identifying the Personal Information categories that each category of recipient purchased; and (ii) disclosures for a business purpose, identifying the Personal Information categories that each category of recipient obtained.
Porter is only required to respond to two disclosure requests within a 12-month period.
Right to Access. You have the right to request that we provide you with access to specific pieces of Personal Information we have collected about you over the past 12 months (also called a data portability request). If you submit a right to access request, we will provide you with copies of the requested pieces of Personal Information in a portable and readily usable format. Please note that Porter is prohibited by law from disclosing copies of certain pieces of Personal Information (e.g., government identification numbers, financial account information, and passwords or security questions and answers) because the disclosure would create a substantial, articulable, and unreasonable risk to the security of the information, our business systems, or your account. Porter is only required by law to respond to two access requests within a 12-month period.
Right to Deletion. You have the right to request that we delete any of your Personal Information that we collected from you and retained, with certain exceptions. Porter may permanently delete, deidentify, or aggregate the Personal Information in response to a request for deletion. If you submit a right to deletion request, we will confirm the Personal Information to be deleted prior to its deletion, and we will notify you when your request is complete.
Submit a Consumer Privacy Request. Porter does not currently meet the applicability thresholds of the CCPA. California Consumers can inquire about their privacy rights or submit a request to Porter by submitting a request to Porter by email or online form. Porter will process and respond to your request as required by applicable law.
- Using our online Consumer Privacy Request.
- By email at firstname.lastname@example.org.
Verification. We cannot respond to your request or provide you with Personal Information unless we can verify your identity and your authority to make the request and confirm that the Personal Information relates to you. A verifiable consumer privacy request must:
- provide sufficient information that allows us to reasonably verify you are the person about whom we have collected Personal Information or you are an authorized representative.
- describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
You do not have to register with Porter to make a verifiable consumer privacy request. We will only use Personal Information provided in a verifiable consumer privacy request to verify the requestor’s identity or authority to make the request.
Authorized Agent. You may make a verifiable consumer request on behalf of your minor child. Otherwise, only you, or a person you have designated in writing as your authorized agent or who is registered with the California Secretary of State to act on your behalf or to whom you have provided power of attorney pursuant to California Probate Code sections 4000 to 4465 (“Authorized Agent”), may make a verifiable consumer request related to your Personal Information. If you wish to have an Authorized Agent make a verifiable consumer request on your behalf, they will need to provide us with sufficient written proof that you have designated them as your Authorized Agent, and we will still require you to provide sufficient information to allow us to reasonably verify that you are the person about whom we collected Personal Information.
Porter’s Response. We endeavor to respond to a verifiable consumer request within 45 days of receipt. If we require more time, we will notify you in writing of the reason and extension period. We will deliver our written response by mail or electronically, at your option. Any disclosures we provide will only cover the 12-month period preceding receipt of the verifiable consumer request. If we cannot comply with part or all of your request, we will explain the reasons in our response.
We do not charge a fee to process or respond to your verifiable consumer privacy request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
Nondiscrimination. We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by law, we will not do any of the following as a result of your having exercised your right under the CCPA:
- Deny you goods or services.
- Charge you different prices or rates for goods or services, including through granting discounts or other benefits or imposing penalties.
- Provide you a different level or quality of goods or services.
- Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
Other California Privacy Rights. California Civil Code sections 1798.83-1798.84 (the Shine the Light Act) entitles California residents to request disclosure regarding Personal Information sharing with affiliates and/or third parties for marketing purposes. If you are a California resident and you would like to request this disclosure, please contact us at email@example.com with the subject line “Request for California Privacy Information.”
KEEPING YOUR PERSONAL INFORMATION SAFE
Data Security. We have implemented precautions and safeguards to protect the Personal Information we collect from loss, misuse, and unauthorized access, disclosure, alteration, and destruction. We use encryption and asset management solutions to protect information online and when stored in our IT systems. We update and test our technology to improve the protection of Personal Information and to assure the integrity of that information. Please note, however, that no transmission of data over the internet is 100% secure, and we cannot guarantee that unauthorized third parties will not defeat our security measures or use your Personal Information for improper purposes.
Your Account. When you register with Porter, you will have a login and password. You should take steps to protect against unauthorized access to your password, phone, and computer by, among other things, signing off after using a shared computer, choosing a robust password that nobody else knows or can easily guess, and keeping your login and password private. We are not responsible for any lost, stolen, or compromised passwords, or for any activity on your account via unauthorized password activity.
Third-Party Websites. The Website and the App may contain links to nonaffiliated websites. Note that this Privacy Notice applies only to information collected by Porter. We may provide links to third-party websites as a service to our Website visitors, but we have no ability to control, and we are not responsible for, the privacy and data collection, use, and disclosure practices of third-party websites. Any access to and use of such linked websites is not governed by this Privacy Notice, but instead is governed by the privacy policies of those websites. We are not responsible for the information practices of such websites. We encourage you to review and understand the privacy notices of such websites before providing them with any information.
Cookie Notice. Cookies are small pieces of data that are stored on your computer or other device when websites are loaded in a browser. Cookies are used to recognize your device and to store your preferences. Some cookies store your preferences for a single visit, while others store your preferences for multiple repeat visits. Cookies may be set by the website that you are visiting or by third parties to serve content or provide advertising or analytics services on the Site.
Where We Place Cookies. We set cookies on the Site and the App. We may also place cookies in the emails we send to our customers or Site users to track when the email is opened.
Types of Cookies. The table below explains the types of cookies we use on our Site and why we use them.
|Strictly Necessary cookies are browser cookies that are necessary for the website to work as intended.||Porter does not currently use any cookies that are strictly necessary for the Site to function.||Not applicable at this time.|
|Functionality cookies monitor and enhance your browsing experience. These cookies help us to identify errors and other issues users may face when using the Site and provides insight into Site performance.||Authentication token (Porter)||Porter’s authentication token tracks login activity on the App.|
|Various cookies used as part of Sentry’s error tracking service (Sentry)||Sentry cookies are used for bug tracking and error reporting.|
|Various cookies by Square to facilitate payment processing (Square)||Porter uses Square cookies for payment processing functions.|
|Analytics cookies help us understand how users engage with our Sites. We use a set of cookies to collect information and report website usage statistics without personally identifying individual visitors.||Various cookies by LogRocket that Porter places on the App (LogRocket)||These cookies record a historical transcript of the user’s activity on the App.|
|Google Analytics cookies placed on the App, such as _ga, _gat, and _gid (Google)||These cookies track clicks, report usage, and track activity on the App.|
|Advertising cookies can be used to personalize and measure the effectiveness of advertising on the Site and other websites.||Porter does not currently use any advertising cookies||Not applicable at this time.|
|Security cookies are used by some websites to help identify and prevent potential security risks.||Porter does not currently use any security cookies.||Not applicable at this time.|
Controlling Cookies. Most browsers provide for ways to control cookie behavior, either through built-in functionality or by using third-party plugins. You can opt out of accepting cookies by adjusting your browser settings to not accept cookies or to notify you when you are sent a cookie. Specifically, you can opt out of Google Analytics by installing Google’s opt-out browser add-on. On a mobile device, you can adjust your settings to limit ad tracking. However, certain features of our Site or other services may not work if you delete or disable cookies.
Websites and HTML emails may also contain tracking technologies like “web beacons” or “pixels.” These are typically small transparent images that provide us with statistics for similar purposes as cookies. They are often used in conjunction with cookies, though they are not stored on your computer in the same way. As a result, if you disable cookies, web beacons may still load, but their functionality will be restricted.
Cookie Consent Banner. You may see a “cookie consent banner” on our Site that lists the categories of cookies we use and provides you the option to consent to or reject that type of cookie. When you consent in this manner, Porter may set cookies on the Site that corresponds with the categories of cookies to which you consented. We will display the cookie consent banner to you periodically in case you change your mind.
Changes to this Privacy Notice. Porter reserves the right to modify this Privacy Notice at any time by updating this posting without notice and revising the effective date. All changes are effective immediately when posted and apply to all access to and use of the Services. Your continued use of our Services following the posting of changes constitutes your acceptance of such changes.
For More Information. Please let us know if you have any questions or comments regarding this Privacy Notice, or if you wish to exercise any of your rights over your Personal Information. If you have any questions about this Privacy Notice. You can contact us at:
Mail: Porter Partners, LLC
418 A St, Suite 201
Springfield, OR 97477