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Grubhub Terms of Use and Privacy Policy

Updated and Effective December 7, 2017

Terms of Use

Welcome to the Grubhub Driver App! We’re excited to partner with you to deliver food to diners. Before you use the app, please read these terms of use carefully, including the Privacy Policy incorporated herein.

ABOUT GRUBHUB

We own and operate this app (the “Driver App”), and the related consumer web- and mobile-sites and mobile application(s), and selected other domains (collectively, the “Sites”). These “Terms of Use”, taken together with the Delivery Service Provider Agreement or Delivery Partner Agreement (the “Service Agreement”) you have entered into with Grubhub Holdings Inc. or its subsidiaries and affiliates, constitute a contract between you and us (collectively, the “Agreement”). What does that mean? It means that by accessing and/or using the Driver App, you agree to all the terms and conditions of our Agreement. If you do not agree, do not use the Driver App. As used in this Agreement, “Grubhub,” “we,” “us,” and “our” shall mean Grubhub Holdings Inc. and its subsidiaries and affiliates.

USING GRUBHUB

You may use the Driver App solely for the purpose of fulfilling the delivery services and only if you are an authorized Grubhub delivery partner (“Delivery Partner”), meaning you have a validly executed Service Agreement with Grubhub, and you are in compliance with all of its terms.  In the event of the termination of your Service Agreement, your right to continue using the Driver App for the purpose of fulfilling delivery orders will terminate immediately. Grubhub will immediately restrict your ability to login to or use the Driver App at such time.

Use of the Driver App requires that you register and/or create an account (“Account”). To register and create an Account, you must establish a username and password and provide certain personal information. In consideration of the use of the Driver App’s services, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form, and (b) maintain and promptly update the personal information you provide to ensure that it remains true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Grubhub has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Grubhub has the right to block your current or future use of the Driver Apps (or any portion thereof).

You are responsible for maintaining the confidentiality and security of your Account and password and for all activities or any other actions that occur under or are taken in connection with your password or Account. You agree to (a) immediately notify Grubhub of any known or suspected unauthorized use(s) of your password or Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or information available to you through the Driver App; and (b) ensure that you exit from your Account at the end of each session. Grubhub will not be liable for any injury, loss or damage of any kind arising from or relating to your failure to comply with (a) and (b) or for any acts or omissions by you or someone else using your Account and/or password.

OUR ALCOHOLIC BEVERAGES POLICY

Some jurisdictions permit the ordering and delivery of alcoholic beverages. In such jurisdictions, if you deliver an order that includes any alcoholic beverage, you acknowledge that you have a responsibility, upon delivery, to request a government-issued identification card of the recipient and verify that he/she is at least 21 years of age, and the individual’s name matches that on the order. If the recipient does not comply with this request, or the name does not match the order, or the recipient is underage, you agree that the alcoholic beverage(s) will not be released, and will be returned to the restaurant from which it was picked up. Failure to strictly adhere to this policy will result in disciplinary action, up to and including termination of your Service Agreement.

OUR MATERIALS AND LICENSE TO YOU

With the exception of Grubhub diners’ data, including without limitation diners’ names, phone numbers, email and physical addresses (“Diner Data”) and Delivery Partner Data (defined below), the Driver App and everything on it, from text to photos to videos to graphics and software, (collectively, the “Materials”) are owned by or licensed to Grubhub. The Driver App and the Materials are protected by copyright, trademark, trade dress, domain name, patent, trade secret, international treaties and/or other proprietary rights and laws of the United States and other countries. Except as otherwise indicated on the Driver App and except for the trademarks, service marks, logos and trade names of other companies that are displayed on the Driver App or the Sites, all trademarks, service marks, logos, trade dress and trade names are proprietary to Grubhub, including without limitation, Grubhub; Seamless; AllMenus; MenuPages; gH; gH delivery; OrderHub; GrubCentral; Golden Grub; Track Your Grub; Taste of Seamless; Craved; Your Food is Here; and the Grubhub.com and Seamless.com trade dress. Please be advised that Grubhub enforces its intellectual property rights to the fullest extent of the law.

We grant you a limited, non-exclusive, non-transferable and revocable license to access and use the Driver App and/or the Materials, solely as permitted by these Terms of Use and subject to all the terms and conditions of the Agreement, all applicable intellectual property laws, and any Additional Terms (as defined below) contained on the Driver App. Any other use of the Driver App and/or the Materials is strictly prohibited. No Materials may be copied, republished, uploaded, posted, transmitted, distributed in any way, and/or modified without our express written permission. Nothing contained on the Driver App should be interpreted as granting to you any license or right to use any of the Materials and/or third party proprietary content on the Driver App without the express written permission of Grubhub or the appropriate third party owner, as applicable.

If you download any software from the Driver App, you may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the software to a human-perceivable form.

Grubhub reserves the right, in its sole and absolute discretion, to modify, suspend, or discontinue at any time, with or without notice, the Driver App and/or services offered on or through the Sites (or any part thereof), including but not limited to the Driver App’s features, look and feel, and functional elements and related services.

PERMITTED USES

By accessing the Driver App, you will be able to indicate your availability; accept or reject orders that are transmitted to you for delivery; indicate stages of completion during the delivery fulfillment process; communicate with the Grubhub restaurant (the “Restaurant”) and/or Grubhub diner (the “Diner”); view the transaction log for those orders you have fulfilled; rate and review your experience with the Restaurant and/or Diner; and manage your payment settings.

By using the Driver App, you acknowledge and agree that you are only permitted to use the information available on the Driver App, including without limitation the Diner Data, transaction logs and other Materials, solely for the purpose of fulfilling the delivery services for those orders you accept.

DELIVERY PARTNER DATA

By indicating your availability on the Driver App, you will begin transmitting your location data, which Grubhub may layer with additional information including, without limitation, your name, age, and mode of transportation (collectively, “Delivery Partner Data”). Grubhub’s auto-dispatching technology uses certain Delivery Partner Data to coordinate order fulfillment of all Grubhub Delivery orders placed across its network of Delivery Partners. Orders are offered to you based on delivery demand and strategic fulfillment algorithms.  Delivery Partners that are not within a reasonable distance from Restaurants offering Grubhub delivery may be considered unavailable to receive orders. Grubhub also communicates your Delivery Partner Data and contact information to its Restaurants and Diners after you have accepted an order or batch of orders for delivery. You grant Grubhub a license to use and share your Delivery Partner Data and/or other content you contribute such as ratings and reviews, and other profile information such as any profile picture, contact information, and length of service as a Delivery Partner, in connection with Grubhub’s services, if we choose to do so, without notification to and/or approval by you. Further, if you provide any suggestions, input or other feedback relating to the Driver App or the services we provide, Grubhub shall have the right to freely and fully exercise and exploit such content in connection with its business, without notice to, approval by or compensation to you.

TEXT, VOICE AND EMAIL COMMUNICATIONS

We or our Diners and Restaurants and our respective third-party service providers may contact you via voice, text and/or email at the phone number(s) and/or email address(es) you provided to us for the following purposes:  (i) to provide notifications related to your services and Grubhub’s offerings; (ii) to facilitate scheduling; (iii) in relation to the delivery fulfillment process; and (iv) to address issues as they arise. Please note that standard voice, data and message rates will apply for all forms of communication. Please contact your mobile phone carrier for details.

PROHIBITED CONDUCT

By accessing the Driver App, you agree:

  • to maintain the strict confidentiality of the Diner Data and transaction logs available through the Driver App;
  • to comply with all applicable laws regarding online conduct and submission of acceptable Ratings and Reviews;
  • not to deliver alcohol unless you and the alcohol recipient are 21 or older and you have verified the recipient’s name and age using a valid photo identification at the time of alcohol delivery;
  • not to access the Driver App or related services using a third-party’s account/registration, or attempt to impersonate another person, particularly any Delivery Partner;
  • not to accept orders offered through the Driver App that you do not intend to deliver;
  • not to falsely report your geographic location or prevent or otherwise attempt to prevent the Driver App from accurately reporting your geographic location;
  • not to attempt, through any means, to gain unauthorized access to any part of the Driver App and/or any related service, other account, computer system and/or network connected to any Grubhub server;
  • not to attempt to deceive, mislead, confuse, or defraud Grubhub through any means of circumvention related to the Driver App or the delivery services you are purporting to provide;
  • not to decompile or reverse-engineer the Driver App and/or monitor any portion of the Driver App and/or any Materials and/or other content on the Driver App, unless Grubhub has given you specific permission to do so in writing;
  • not to conduct any kind of systematic retrieval of data or other content from the Driver App;
  • not to create or compile, directly or indirectly, any collection, compilation, database or directory from the Driver App’s content;
  • not to use the Driver App in any manner that could damage, disable, overburden and/or impair any Grubhub server, or the network(s) connected to any Grubhub server, and/or interfere with any other Delivery Partner’s use of the Driver App;
  • not to use any information obtained from the Driver App or the Grubhub services (apart from sanctioned use of Grubhub services) in order to contact, advertise to, solicit, or buy or sell any products or services to any Diner, Restaurant or another Delivery Partner;
  • not to copy any content, including, but not limited to Diner Data and transaction logs, for republication in print or online;
  • not to license, sell and/or otherwise provide access to and/or use of your Account or the Driver App to any third party, including without limitation to build a competitive product and/or service;
  • not to harass, annoy, intimidate or threaten any Grubhub employees or agents engaged in providing any portion of Grubhub’s services;
  • not to contact any Diners or Restaurants beyond what is necessary to fulfill your delivery services;
  • not to display an advertisement, or accept payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Driver App or Grubhub’s services on behalf of that person;
  • not to delete the copyright or other proprietary rights notice from any Materials or any portion of the Driver App or Grubhub’s services;
  • not to upload or transmit viruses or other harmful, disruptive or destructive files; and/or
  • not to disrupt, interfere with, or otherwise harm or violate the security of the Driver App, or any services, system resources, accounts, passwords, servers or networks connected to or accessible through the Driver App or affiliated or linked sites (including those of our restaurant partners); and
  • not to use the Driver App for any illegal purposes.

You agree that the consequences of commercial use or re-publication of Diner Data or Materials from the Driver App or other violations of the foregoing proscriptions may be so serious and incalculable that monetary compensation may not be a sufficient or appropriate remedy and that Grubhub will be entitled to temporary and permanent injunctive relief to prohibit such use or activity, without the need to prove damages.

DINER AND RESTAURANT COMMUNICATIONS

By communicating with any Diner and/or Restaurant, you will strive to be professional at all times. Additionally, you agree to follow the standards of conduct below, and any additional standards that may be communicated from time to time.

We do our best to encourage civility and discourage disruptive communication on and outside of the Driver App. We also discourage communications that incite others to violate our standards. We expect your cooperation in upholding our standards. You are responsible for all of your communications. You agree not communicate in any way that:

  • is unlawful, harmful to adults or minors, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, profane, offensive, invasive of another’s privacy, defamatory, portrays another in a false light, is hateful, and/or racially, ethnically and/or otherwise objectionable;
  • has a commercial, political or religious purpose;
  • is false, misleading and/or not written in good faith;
  • infringes any patent, trademark, trade secret, copyright, right of privacy and/or publicity, and/or other proprietary rights of any person and/or entity;
  • is illegal and/or promotes illegal activity;
  • contains unauthorized advertising and/or solicits users to a business other than those on the Sites; and/or
  • is intended to interrupt, destroy or limit the functionality or integrity of any computer software, hardware or Materials on the Driver App, or the related Sites or other websites.

Grubhub may monitor any and all use of the Driver App; however, we are under no obligation to do so.  We may manage the Driver App in a manner intended to protect our property and rights and to facilitate the proper functioning of the Driver App. If any conduct on or outside of our App violates our standards, or any other terms and conditions of this Agreement; or interferes with other people’s enjoyment of the Materials or our App; or that we believe is inappropriate; in our sole judgment, we reserve the right to change, delete or remove, in part or in full, any such content; and we further reserve the right to terminate or suspend access to the Driver App or to any information available through the Driver App. Grubhub will cooperate with local, state and/or federal authorities to the extent required by applicable law in connection with any communication.

RATINGS AND REVIEWS

The Driver App may allow you to rate and post reviews of restaurants and other businesses (each a “Rating” or “Review”). Such Ratings and Reviews are subject to the Driver App’s standards of conduct. You represent and warrant that you are the owner of and/or otherwise have the right to provide all information, comments, reviews, ratings and/or other materials and/or content that you submit, post and/or otherwise transmit through the Driver App. Ratings and Reviews are not endorsed by Grubhub, and do not represent the views of Grubhub or of any affiliate or partner of Grubhub. Grubhub does not assume liability for Ratings and Reviews or for any claims, liabilities or losses resulting from any Ratings and Reviews.  We strive to maintain a high level of integrity with our Ratings and Reviews, therefore, all Ratings and Reviews must comply with the following criteria: (1) before posting a Rating or Review, you must have had first-hand experience with the Restaurant; (2) you may not have a proprietary or other affiliation with either the Restaurant or any of its competitors; (3) you may not draw any legal conclusions regarding the Restaurants’ products, services or conduct; and (4) your review must otherwise comply with the terms of this Agreement.

You grant Grubhub an irrevocable, transferable, paid up, royalty-free, perpetual, non-exclusive worldwide sub-licensable license to use, copy, display, publish, modify, remove, publicly perform, translate, create derivative works from, distribute and/or otherwise use your Ratings and Reviews in connection with Grubhub’s business and in all forms of media now known or hereafter invented, without notification to and/or approval by you.

Any Rating and/or Review that we determine, in our sole discretion, could diminish the integrity of the Ratings and Reviews, the Materials and/or the Driver App may be removed or excluded by us without notice. Grubhub and its officers, directors, employees, parents, subsidiaries, affiliates, successors, assigns, licensors, licensees, designees, business partners, contractors, agents and representatives (collectively, the “Released Parties”) will not be responsible for, and you hereby expressly release the Released Parties from, any and all liability for the action of any and all third parties with respect to your Ratings and Reviews.

INDEMNIFICATION

You agree to indemnify and hold harmless the Released Parties from all claims, actions, losses, judgments, liabilities, damages, costs and expenses (including reasonable attorneys’ fees) arising out of your breach or alleged breach of any provision of this Agreement, your violation of applicable law, your use of the Driver App and/or Materials (including without limitation all Diner Data), and/or all Uses of your User Content by Grubhub and/or any third party authorized by Grubhub.

DISCLAIMER

THE APP, THE MATERIALS AND ALL OTHER CONTENT ON THE APP ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE RELEASED PARTIES DISCLAIM, WITH RESPECT TO THE MATERIALS AND ALL OTHER CONTENT ON THE SITES, ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.  GRUBHUB DOES NOT REPRESENT OR WARRANT THAT THE APP, THE MATERIALS AND/OR THE OTHER CONTENT ON THE APP WILL BE SECURE, UNINTERRUPTED AND/OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, AND/OR THAT THE APP, THE MATERIALS AND/OR OTHER CONTENT ON THE APP ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. GRUBHUB DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE APP, THE MATERIALS AND/OR ANY OTHER CONTENT ON THE APP IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS, CURRENTNESS, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, THE QUALITY AND/OR TIMING OF THE FOOD OR OTHER PRODUCTS ORDERED ON THE SITES. YOU (AND NOT GRUBHUB) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION RELATING TO YOUR USE OF THE APP, THE MATERIALS AND/OR OTHER CONTENT ON THE APP. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT FULLY APPLY TO YOU.

YOU AND GRUBHUB AGREE THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY IN THIS AGREEMENT ARE MATERIAL, BARGAINED-FOR BASES OF THIS AGREEMENT, AND THAT THEY HAVE BEEN TAKEN INTO ACCOUNT IN DETERMINING THE CONSIDERATION TO BE GIVEN BY EACH PARTY UNDER THIS AGREEMENT AND IN THE DECISION BY EACH PARTY TO ENTER INTO THIS AGREEMENT. YOU AND GRUBHUB AGREE THAT THE WARRANTY DISCLAIMERS IN THESE TERMS OF USE AND  THE LIMITATIONS OF LIABILITY IN YOUR SERVICE AGREEMENT ARE FAIR AND REASONABLE.

IF YOU ARE DISSATISFIED WITH THE APP OR DO NOT AGREE TO ANY PROVISIONS OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE APP, EXCEPT AS MAY BE OTHERWISE PROVIDED FOR IN THIS SECTION.

THIRD PARTY LINKS

The Driver App may contain links to websites that are owned, controlled, developed, sponsored and/or maintained by third parties and which may be subject to additional terms and conditions (“Third Party Websites”). Grubhub does not review, monitor, operate and/or control the Third Party Websites and Grubhub makes no guarantees, representations and/or warranties as to, and shall have no liability for, the content available on or through and/or the functioning of the Third Party Websites. By providing access to Third Party Websites, Grubhub is not recommending and/or otherwise endorsing the products and/or services provided by the sponsors and/or owners of those websites. Your access and/or use of the Third Party Websites, including providing information, materials and/or other content to the Third Party Websites, is entirely at your own risk. Grubhub reserves the right to discontinue links to any Third Party Websites at any time and for any reason, without notice.

ADDITIONAL TERMS

Your use of the Driver App is subject to any and all additional terms, policies, rules or guidelines applicable to Grubhub’s services or certain features of the Driver App that we may post or link to on the Driver App (collectively, the “Additional Terms”), such as end-user license agreements, or other agreements or rules applicable to particular features, promotions or content on the Driver App. All such Additional Terms are hereby incorporated into this Agreement by reference.

COPYRIGHT POLICY

Grubhub respects the intellectual property of others, and we ask all of our users to do the same. If you believe that your copyrighted work has been copied and is accessible on the Driver App or a website through which our services may be accessed in a way that constitutes copyright infringement, please provide Grubhub’s Copyright Agent (as set forth below) with notification containing the following information required by the Digital Millennium Copyright Act, 17 U.S.C. 512:

  1. A physical or electronic signature of a person authorized to act on behalf of the copyright owner of the work that allegedly has been infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works allegedly have been infringed, then a representative list of such copyrighted works;
  3. Identification of the material that is claimed to be infringing and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the allegedly infringing material, e.g., the specific web page address on the Sites;
  4. Information reasonably sufficient to permit us to contact the party alleging infringement, including an email address;
  5. A statement that the party alleging infringement has a good-faith belief that use of the copyrighted work in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that the party alleging infringement is authorized to act on behalf of the copyright owner of the work that allegedly has been infringed.

Please send this notification to our copyright agent at: Grubhub Holdings Inc., Attention: Copyright Agent, 5 Bryant Park, 15th Floor, New York, NY 10018.

VIOLATIONS OF THE AGREEMENT

Grubhub reserves the right to seek all remedies available at law and in equity for violations of the Agreement, including without limitation the right to block access to the Driver App from a particular device and/or IP address.

CHANGES TO THE AGREEMENT

We may change this Agreement from time to time and without prior notice. If we make a change to this Agreement, it will be effective as soon as we post it, and the most current version of this Agreement will always be available at the “Terms of Use” link (“Updated Terms”). If we make a material change to the Agreement, we will notify you. You agree that you will review this Agreement periodically. By continuing to access and/or use the Driver App after we post Updated Terms, you agree to be bound by the Updated Terms, and if you do not agree to Updated Terms, you will stop using the Driver App. This Agreement will govern any disputes arising before the effective date of the Updated Terms.

GOVERNING LAW

You acknowledge and agree that your access to and/or use of the Driver App, the Materials and other content on the Sites is subject to all applicable international, federal, state and local laws and regulations. The terms, conditions and policies contained in this Agreement shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of laws principles.

WAIVER AND SEVERABILITY

Any waiver by Grubhub of any provision of this Agreement must be in writing. If any portion of this Agreement is found to be void, invalid or otherwise unenforceable, then that portion shall be deemed to be superseded by a valid, enforceable provision that matches the intent of the original provision as closely as possible. The remainder of this Agreement shall continue to be enforceable and valid according to terms contained herein.

Privacy Policy

We are concerned about privacy issues and want you to be familiar with how we collect, use and disclose Personal Information (as defined below). This Privacy Policy describes:

  • the information we collect from you through this app (the “Driver App” or simply the “App”);
  • how that information is used or shared by us; and
  • the rights and options available to users.

This privacy policy is incorporated as part of the Terms of Use, which are available for your review within the Driver App.

Except as indicated below, this Privacy Policy does not address the collection, use or disclosure of information by us or by third parties on any websites or mobile applications other than the Driver App. As used in this Agreement, “Grubhub,” “we,” “us,” and “our” shall mean Grubhub Holdings Inc.

By accessing and/or using the Driver App, you agree to all the terms and conditions of this Privacy Policy. If you do not agree to all the terms and conditions of this Privacy Policy, do not use the Driver App. We may change this Privacy Policy from time to time and without prior notice, except that if we make a material change, we will notify you prior to the effective date of the change. Changes to this Privacy Policy will be effective as soon as they are posted, unless a later Effective Date is provided.  By continuing to access and/or use the Driver App after the Effective Date of this Privacy Policy, you agree to be bound by the revised Privacy Policy. For clarity, if you do not agree to the new terms of the Privacy Policy, do not continue using the Driver App. The most current version of this policy will always be available in the Driver App.

1. 

Personal Information is information such as (a) your name, tied to a postal address, telephone number, email address and/or date of birth, (b) your personal characteristics such as your photographic image, or (c) other data that, when taken together, can uniquely identify you, including your social security number. Personal Information also includes certain sensitive information related to your finances, such as a bank account number. In order for you to access and use the Driver App to perform delivery services (“Delivery Services”), we may require that you furnish Personal Information. We and our third party service providers collect your Personal Information when you voluntarily provide it to us or when third parties provide it to us with your consent.

Non-Personal Information is aggregated information, demographic information and any other information that does not uniquely identify you. We and our third party service providers may collect your Non-Personal Information, including information about the device you are using in accessing and/or using the Driver App and your interaction with the Driver App. We and our third party service providers may also aggregate Personal Information in a manner such that the end-product does not uniquely identify you or any other user of the Driver App, for example, by using Personal Information to calculate the percentage of our users who have a particular telephone area code. This collective information constitutes Non-Personal Information.

Cookies and Other Technology. A cookie is a small piece of data placed on your device that uniquely identifies your device, and that delivers information about you and your activity on the Driver App. Pixel tags and web beacons are small graphic files that can function in various ways (such as allowing us to track how you view a message that we send you, and to track your activity on the Driver App) and are commonly used in conjunction with cookies. We, our third party service providers and other third parties detailed below under “How Do We and Our Third Party Service Providers Use Information Collected From You?” may use cookies, pixel tags, web beacons, and other similar technologies to better serve you with more tailored information and to facilitate your ongoing use of the Driver App. If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to decline the use of cookies. Some browsers allow you to indicate that you would not like your online activities tracked, using “Do Not Track” indicators; however we are not obligated to respond to these indicators, and we are not currently set up to respond to them. This means that we may use latent information about your online activities to improve your use of our App consistent with this policy.

Location Information.  Each time you access or use the Driver App, we obtain information about your physical location, such as by use of GPS and other geolocation features in your device, or by inference from other information we collect.  For example, your IP Address indicates the general geographic region from which you are connecting to the Internet.

2. How Do We and Our Third Party Service Providers Use Information Collected From You?

Personal Information. We and our third party service providers may use your Personal Information and any third party’s Personal Information that you may provide, as applicable:

  • to process your registration on our App, including verifying your information to ensure its accuracy and validity.
  • to enable you to provide Delivery Services, including without limitation by sending you orders and trips through our App (which may be based on your location or other Personal Information about you).
  • to communicate with you regarding your Delivery Services, such as to notify you of delivery restaurant locations or to send you reminders.
  • to collect, confirm and verify information about Delivery Services performed by you.
  • to evaluate your prospective or continued engagement, or to verify your compliance with applicable contractual requirements.
  • to pay you for Delivery Services and other services performed.
  • to display relevant information about your Delivery Services to restaurants and diners.
  • to detect, prevent or otherwise address actual or suspected fraud, security or technical issues.
  • to customize content on our App.
  • to send you important information regarding the Driver App, such as certain changes to our terms, conditions, policies and/or other administrative information. Because this information may be material to your use of the Driver App, you may not opt out of receiving such communications.
  • to inform you of programs and promotions that we believe may be of interest to you and to permit you to participate in such programs and promotions (collectively, “Promotions”).
  • to permit you to refer us to your friends so that we may send them promotional offers through the Driver App. If you wish to use this feature, you may be required to provide us with, and we may use, your friend’s name and email address. By using this functionality, you affirm that you are entitled to use and provide us with your friend’s name and email address for this purpose. We will not use your friend’s Personal Information for any purpose other than to allow promotional offers to be sent and/or to troubleshoot any issues with respect such promotional offers, unless we disclose such other purpose to you at the time you provide your friend’s Personal Information to us.
  • for our internal business purposes, such as data analysis, audits, developing new features, enhancing our App or websites, improving logistics, catching and preventing fraud, identifying usage trends and determining the effectiveness of our promotional campaigns.
  • for purposes disclosed at the time you provide your Personal Information or as otherwise set forth in this Privacy Policy.

Non-Personal Information. Because your Non-Personal Information does not personally identify you, we and our third party service providers may use such information for any purpose. For example, we may work with third parties for the purpose of advertising on the Driver App, including online behavioral advertising (“OBA”) and multi-site advertising. The Non-Personal Information collected about your visits to the Driver App may be used by third parties in order to provide advertisements about goods and services of interest to you. These third parties may also set cookies or web beacons to assist with advertisement delivery services. If you would like to obtain more information about these practices, or if you would like to opt out of targeted advertising from participating advertisers, please visit http://www.networkadvertising.org/choices or http://www.aboutads.info/choices.

In addition, we reserve the right to share your Non-Personal Information with our affiliates and with other third parties, for any purpose. In some instances, we and our third party service providers may combine Non-Personal Information with Personal Information. For example, in association with your ratings and reviews, we may display your name, “delivery partner since” date, total number of ratings and reviews, the date(s) of posting, and information regarding your delivery history. If we do combine any Non-Personal Information with Personal Information, the combined information will be treated by us as Personal Information hereunder (as long as it is so combined).

3. How Do We and Our Third Party Service Providers Share Your Personal Information With Others?

We and our third party service providers may disclose Personal Information:

  • to our affiliates so that they also may use such Personal Information for the purposes described in this Privacy Policy.
  • to provide services, or to enable third party service providers to provide services, such as onboarding, scheduling, communications, payment processing, data analysis, infrastructure provisioning, IT services, customer service, email delivery services, and other similar services.
  • to enable restaurants and diners to communicate with you in relation to your Delivery Services.
  • to enable third party service providers to evaluate or assist us with evaluating your prospective or continued engagement, or to verify or assist us with verifying your compliance with applicable contractual requirements.
  • to our third party insurance providers and associated agents and consultants for insurance and other risk-mitigation purposes.
  • to third parties such as attorneys, collection agencies, tribunals or law enforcement authorities pursuant to valid requests in connection with alleged violations of Grubhub’s Terms of Use or other alleged contract violations, actual or alleged infringement, actual or suspected harm to persons or property, or alleged violations of laws, rules or regulations.
  • to identify you to any person to whom you send messages through the Driver App.
  • to third party sponsors of Promotions (irrespective of whether such Promotions are hosted by us), or otherwise in accordance with the rules applicable to such Promotions. You should carefully review the rules, if any, of each Promotion in which you participate, as they may contain additional important information about our, a sponsor’s and/or other third parties’ use of your Personal Information. To the extent that the rules of those Promotions concerning the treatment of your Personal Information conflict with this Privacy Policy, the rules of those Promotions shall control.
  • to an affiliate or other third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including without limitation in connection with any bankruptcy and/or similar proceedings).
  • as we believe to be 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 and/or those of any of our affiliates; (f) to protect our rights, privacy, safety and/or property, and/or that of our affiliates, you and/or others; (g) to permit us to pursue available remedies and/or limit the damages that we may sustain; and (h) for recordkeeping purposes.
4. Other Important Notices Regarding Our Privacy Practices.

Forums and Profiles. We may make available through the Driver App certain services (for example, scheduling, message boards, chat functionality, “profile pages” and blogs) to which you may be able to post information and materials. Please note that any information you provide in connection with such services may become public, and may be available to other users of the Driver App, to restaurants and diners and/or to the general public. We urge you to exercise discretion and caution when deciding to disclose your Personal Information, and/or any other information and/or materials, through the Driver App. NEITHER WE, NOR ANY OF OUR THIRD PARTY SERVICE PROVIDERS, NOR ANY OTHER PERSON OR ENTITY DULY AUTHORIZED BY US AND/OR BY OUR THIRD PARTY SERVICE PROVIDERS, IS OR SHALL BE RESPONSIBLE FOR ANY USE BY ANY UNAUTHORIZED PERSON OR ENTITY OF ANY PERSONAL INFORMATION YOU DISCLOSE THROUGH THE APP.

Grubhub Consumer Sites. For security and other purposes, we may link your Driver App profile to your profile on the Grubhub consumer site located at www.grubhub.com and its associated mobile application (collectively, the “Consumer Site”). If you do not have an account on the Consumer Site, we may generate an account for you using your Driver App account information, and you hereby consent to the Grubhub Terms of Use as in effect at the time, available at https://www.grubhub.com/legal/terms-of-use, and the Grubhub Privacy Policy as in effect at the time, available at https://www.grubhub.com/legal/privacy-policy, which are both incorporated herein by reference.

Third Party Sites. Except as expressly set forth herein, this Privacy Policy does not address, and neither we nor our third party service providers are responsible for, the privacy, information or other practices of other websites and/or any third parties, including without limitation any of our affiliates and/or any third party operating any site to which the Driver App contains a link. The inclusion of a link to a third party website on the Sites does not imply endorsement of the linked site by us or by our affiliates. Please note that your access and/or use of any third party websites, including by providing any information, materials and/or other content to such sites, is entirely at your own risk.

Security. We and our third party service providers use reasonable organizational, technical and administrative measures to protect Personal Information under our control. However, no data transmission over the Internet or data storage system can be guaranteed to be 100% secure. Please do not send us credit card information and/or other sensitive information through email. If you have reason to believe that your interaction with us is not secure (for example, if you feel that the security of any account you might have with us has been compromised), you must immediately notify us of the problem by contacting us in accordance with the “Contacting Us” section below.

Changing Personal Information. You may review, correct and/or update certain elements of your Personal Information by either notifying us in writing and/or adjusting your settings in the Driver App (where possible). We and our third party service providers are not responsible for altering Personal Information from the databases and/or other records of third parties with whom we and our third party service providers have shared your Personal Information.

Note Regarding the Use of the Driver App by Children. Under no circumstances is the Driver App directed to and/or intended for use by individuals under the age of thirteen (13). Such individuals are prohibited from using the Driver App and should not provide Personal Information through the Driver App.

Text, Voice and Email Communications. We or our diners and restaurants and our respective third-party service providers may contact you via voice, text and/or email at the phone number(s) and/or email address(es) you provided to us for the following purposes:  (i) to provide notifications related to your Delivery Services and Grubhub’s offerings; (ii) to facilitate scheduling; (iii) in relation to the delivery fulfillment process; and (iv) to address issues as they arise. Please note that standard voice, data and message rates will apply for all forms of communication. Please contact your mobile phone carrier for details.

Disclaimer. If you choose to access the Driver App, you do so at your own risk, and are responsible for complying with all applicable laws, rules and regulations. We may limit the availability of the Driver App, in whole or in part, to any person, geographic area and/or jurisdiction we choose, at any time and in our sole discretion. By using the Driver App and submitting any Personal Information, you consent to the transfer of Personal Information to other countries, which may provide a different level of data security than your country of residence.

California Privacy Rights.  If you are a user of the Driver App and a California resident, California’s “Shine the Light” law (California Civil Code § 1798.83) permits you to request and obtain from us once a year, free of charge, information regarding our disclosure of your Personal Information (if any) to third parties for direct marketing purposes.  If this law applies to you and you would like to make such a request, please submit your request in writing to the address provided below.

Contacting Us. If you have any questions regarding this Privacy Policy, please contact us by email at [email protected], or write to the following address:

Grubhub Holdings Inc.
Attention: Privacy Team
5 Bryant Park, 15th Floor
New York, NY 10018
Tel: (877) 585-1085

Please note that email communications will not necessarily be secure; accordingly you should not include credit card information and/or other sensitive personal information in your email correspondence with us.