Inspired Taste Inc. Privacy Notice
Last Updated [February 14, 2020]
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 Site, registering with Inspired Taste, creating a user profile on our Site, or submitting information to Inspired Taste, you consent to this Privacy Notice and the collection and use of information as described below. We will take steps to notify you and confirm that you agree at different stages of collecting information. If you do not agree with our policies and practices, you may not be able to access or benefit from certain portions of the Site.
Scope. Please be advised that this Privacy Notice applies to information that we collect when you visit the Site or use our Services, when you submit your information to us on the Site or our Services, when you communicate with us through email and other means, 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); and
- Non-public 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. 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.
HOW WE COLLECT & USE YOUR PERSONAL INFORMATION
The Personal Information we collect about you and how we use the Personal Information we collect depends on the context of your interactions with Inspired Taste, the Site, and our Services.
Information we collect directly from you, with your consent. We collect Personal Information directly from you with your consent when you leave a comment or use other interactive features on the Site or communicate with us online or by other means. If you leave a comment on the Site, we collect your email address and IP address to confirm that the comment originated from a Site user and not from a bot or other automated spam generator. If you access or submit an inquiry through our Site, subscribe to a service, register to receive marketing materials, participate in contests, sweepstakes or promotions, or receive other Services, we may ask you to provide certain personal information such as your name, email address, phone number and zip code, and possibly other Personal Information. We take reasonable steps to make sure that your contact information is accurate, complete, current, and otherwise reliable.
We use your Personal Information to communicate with you about Inspired Taste and our Services and for direct marketing purposes, such as:
- Sending you periodic email and newsletter communications;
- Responding to your inquiries;
- Sending you surveys and other quality assurance communications;
- Analyzing preferences, trends, and statistics;
- Informing you of our new products, services, and offers; and
- Providing you with other marketing information from and about Inspired Taste.
We will only contact you in ways compatible with your communications choices. However, even if you have opted-out of receiving marketing communications from us, we may need to contact you to address questions or issues specific to the services you have requested.
We may periodically supplement the Personal Information we collect from you with personal or non-personal information about you or another person obtained from companies with whom we have marketing or other business relationships and other third party sources. Any aggregate information that is linked or linkable to your Personal Information will be treated as Personal Information under this Privacy Notice.
Payment Information. Inspired Taste does not collect or maintain any payment information. You will never be asked to provide payment information in connection with our services.
Information collected from your use of the Site, with a legitimate interest. We use analytics tools or other technologies to collect information about you from your use of this Site. We collect this information to achieve our legitimate interests of operating the Site and our Service, as well as marketing our Services to a broader audience. This information may be combined with other information that you choose to submit to us. This information may also be merged into aggregate information about site visitors and traffic. We use third-party analytics tools to distinguish and analyze user behavior.
Log Files. We collect anonymous and technical information from your computer, including your internet protocol address, data about your computer or other device, the type of browser or operating system your device uses, the programs, services, and version of Site or Services you use, and the address of any linking site, when you request a web page while visiting the Site. We use this information for statistical purposes, to ensure that our web pages will appear and function appropriately on your computer, to determine how you were referred to our Site, and to personalize your access to our Site or conduct our own analyses and research to improve our programs, products, services, and content. We may sell, rent, or otherwise convey said information to a third party. We also use third parties to collect and analyze information. If you do not agree with Inspired Taste or our Services Providers (as defined below) collecting and using your anonymous and technical information as described in this paragraph, discontinue use of the Site or you may contact us as described under “Controlling Your Personal Information.”
Inspired Taste uses Personal Information collected from you automatically perform data analysis, identify Site and Services usage trends, develop and display content and advertising tailored to your interests or location, and to measure the effectiveness of our marketing efforts and our Services. Inspired Taste may use and store this information and the reports we generate using this information in an anonymized form or in the aggregate that it is not associated with individual end users and does not include personal information.
Other ways we might use your Personal Information. In addition to the specific uses and purposes described above, we might use information that we collect about you or that you provide to us, including any Personal Information:
- To present our Site and its contents to you.
- To provide you with information, products, or services that you request from us or that we deem relevant to you.
- To allow you to participate in interactive features on our Site or to notify you about changes to our Site or any products or services we offer or provide though it.
- To provide you with other information about a business or organization with which we are associated.
- To protect your privacy and enforce this Privacy Notice.
- If we believe it is necessary to identify, contact or bring legal action against persons or entities who may be causing injury to you, to Inspired Taste, or to others.
- To comply with a law, regulation, legal process or court order.
- For any other purpose to which you consent.
Children Under Age 16. Inspired Taste products and services are designed for adults, not children. As such, this Site is not intended for children under 16 years of age. No one under age 16 may provide any Personal Information to or on the Site. If you are under 16, do not use or provide any information on this Site or on or through any of its features, make any purchases through the Site, use any of the interactive or public comment features of the Site or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 16 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 16, please contact us at [email protected]
DISCLOSURE OF YOUR INFORMATION
As permitted by applicable law, we may share your Personal Information as follows:
- To Our 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 Site 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 Site. The type of information that we provide to a Service Provider will depend on the purpose of the service that they provide to us.
- To Affiliates.We may disclose some or all of your Personal Information with our parent company, subsidiaries, joint ventures, or other companies under common control with us, in which case this Privacy Notice will apply to the same extent it applies to Inspired Taste.
- For Legal and Other Compliance. We may disclose Personal Information when we believe it is appropriate to: (a) comply with the law, (b) enforce or apply this Privacy Notice or our other policies or agreements, (b) protect our or our users’ rights, property or safety, (c) protect our users from fraudulent, abusive or unlawful use of, our Site, or (d) if we reasonably believe that an emergency involving immediate danger of death or serious physical injury to any person requires disclosure of communications or justifies disclosure of records without delay.
- As Part of Business Transfers. We may disclose Personal Information as part of any merger, acquisition, debt financing, sale of company assets or other business transaction.
- As Aggregated or Deidentified Information. We reserve the right to share or sell aggregated, anonymous or deidentified information about any individuals with non-affiliated entities for marketing, advertising, research or other purposes, without restriction. We do not limit the third parties’ use of the aggregated information.
Data Security. It is Inspired Taste’s policy to treat your Personal Information with complete confidentiality. We minimize the Personal Information we store and employ commercially appropriate and reasonable safeguards both online and offline to maintain the security, confidentiality, and integrity of information that we collect about you. We maintain physical, electronic and procedural security measures to safeguard your non-public personal information. We update and test our technology to improve the protection of our information about you and to assure the integrity of that information.
We educate our employees about the importance of confidentiality and customer privacy through standard operating procedures and special training programs.
Please note, however, that no transmission of data over the internet is 100% secure. While we employ reasonable measures to protect your Personal Information, we cannot guarantee that unauthorized third parties will not defeat those measures and use nonpublic Personal Information for improper purposes. We are not responsible for circumvention of any privacy settings or security measures contained on the Site or for actions of third parties. The safety and security of your information also depends on you, and you are responsible for keeping your password confidential. Also remember to log off your account and close your browser window when you have finished your visit. This is to ensure that others cannot access your account, especially if you are sharing a computer with someone else or are using a computer in a public place. Please refer to the Federal Trade Commission’s website at http://www.ftc.gov/bcp/menus/consumer/data.shtm for information about how to help protect yourself against identity theft.
Third Party Sites. This Privacy Notice applies only to information collected by Inspired Taste. We may provide links to third party websites from our Sites as a service to our users, 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. When you click on links that take you to external websites, you will be subject to their privacy policies and practices and not ours. We encourage you to review and understand the privacy policies of such websites before providing them with any information.
Do Not Track Signals. Do Not Track is a privacy preference that users can set in their web browsers. When a user turns on the Do Not Track signal, the browser sends a message to websites requesting them not to track the user. For information about Do Not Track, visit www.allaboutdnt.org. At this time, Inspired Taste does not respond to Do Not Track browser settings or signals. In addition, Inspired Taste may use other technology that is standard to the internet to track visitors to the Site. Those tools may be used by us and by third parties to collect information about you and your internet activity, even if you have turned on the Do Not Track signal.
Unauthorized Use. If you become aware of any unauthorized submission of information to Inspired Taste, including children’s information, please inform us by contacting us at the contact information listed below so that we may delete it.
Controlling Your Personal Information
Inspired Taste 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 for which you are signed up.
- Changing your preferences for how and about what 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 Site, 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.
- Control 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 protected]
Opting Out of Communications. We will only communicate with you if you want to hear from us. You can modify or limit the communications we send to you by clicking the “unsubscribe” link at the bottom of any of our emails. You may also contact us directly by email at [email protected] Please be sure to include your full name, email address and specifically what information you do not want to receive.
California Privacy Rights
Inspired Taste adopted this section to comply with the California Consumer Privacy Act of 2018 (“CCPA”) and applies solely to residents of the State of California (“California Consumers”). Without limiting the foregoing, this section provides California Consumers with the disclosures and notices required under the CCPA. Certain exceptions and limitations, may apply to a California Consumer’s rights and Inspired Taste’s obligations under the CCPA.
Personal Information Collected. Inspired Taste has collected the following categories of Personal Information from California Consumers within the last twelve (12) months:
- Identifiers (e.g. real name, alias, online identifier, IP address, email address, or other similar identifiers).
- Personal Information Categories Listed in the California Customer Records Statute (Cal. Civ. Code § 1798.80(e)). Some Personal Information included in this category may overlap with other categories.
- Internet or Similar Network Activity (e.g. browsing history, search history, interactions with a website, application, or advertisement).
- Geolocation Data (e.g. physical location or movements).
Sources for the Personal Information We Collect. We collect the Personal Information described above from the following sources:
- directly from you when you leave a comment or use other interactive features on the Site or communicate with us, fill out a form, or submit an inquiry, use our Services, interact with us through the Site, or apply for employment with Inspired Taste.
- indirectly from you as information we collect automatically from your use of the Site.
- third parties, as described in more detail below.
Use of Personal Information. Depending on your interactions with Inspired Taste, we may use or disclose the Personal Information we collect about you for one or more of the following business purposes:
- to provide you with our services, which includes, but is not limited to, communicating with you, maintaining accurate records, and personalizing your experience with the Services.
- to improve our Services by analyzing how Site visitors access and use our Services, both on an aggregated and individualized basis.
- for our direct marketing efforts, such as sending you news, newsletters, email marketing material, targeted advertising, and, if you have provided us with prior express written consent to receive marketing messages via telephone, text messages or calls.
- 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. Inspired Taste may disclose Personal Information for a business purpose to the following categories of third parties:
- law enforcement, regulatory and other governmental agencies.
- business partners.
- parent entities, affiliates and subsidiaries.
- cookie information recipients, subject to their respective privacy notices.
In the preceding twelve (12) months, Inspired Taste has disclosed the following categories of Personal Information for a business purpose:
- California Customer Records Personal Information categories.
- internet or other similar network activity.
- geolocation data.
No Sale of Personal Information. Inspired Taste has sold the following categories Personal Information in the preceding twelve (12) months for direct marketing and ad exchange purposes:
- California Customer Records Personal Information categories.
- internet or other similar network activity.
- geolocation data.
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:
- the categories of Personal Information we have collected about you.
- the categories of sources for the Personal Information we have collected about you.
- our business or commercial purpose for collecting or selling that Personal Information.
- the 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.
Inspired Taste 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 Inspired Taste 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. Inspired Taste 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. Inspired Taste 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. To exercise any of the above rights, please submit a verifiable consumer privacy request to Inspired Taste:
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 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 sign up with Inspired Taste 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.
Inspired Taste’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 a copy of this notice, please contact us at [email protected] with the subject line “Request for California Privacy Information.”
Privacy Notice to Residents of the European Union
This section applies to residents of the European Union.
Inspired Taste adopted this section to comply with the European Union’s General Data Protection Regulations (“GDPR”). This section applies solely to Site visitors, users, and others who are residents of the European Union (“EU Residents”). Inspired Taste offers its Services to individuals located in the EU. As such, any processing of EU Resident Personal Information is merely incidental, and the GDPR is not generally applicable to Inspired Taste’s Personal Information processing activities. Without limiting the foregoing, to the extent that Inspired Taste’s activities implicate the GDPR now or in the future, this section provides EU Residents with the notice and disclosures required under the GDPR.
Data Controller. The data controllers of your Personal Information is Inspired Taste.
Lawful Basis. Inspired Taste processes your Personal Information (a) when applicable, with your direct consent; (b) if we have a legitimate interest in doing so, including administering our business, maintaining the quality of our Site and Services, providing customer service, or identifying new business opportunities; or (c) as authorized or required by law.
Additional rights: you have the following rights in relation to the Personal Information we hold about you.
|Your right||What this means for you||What you can do|
|To know how we process your Personal Information.||We are required to provide notice about the way that we will use the Personal Information we collect.||We have set the required notices in this Privacy Notice. We may provide you with additional notice about other ways we process your Personal Data, such as by sending you a notice via email or by other means of communication.|
|To access your Personal Information.||If you request it, we will provide you with access to your Personal Information, along with details about the types of Personal Information we process, why we process it, and any third parties we work with to collect Personal Information on our behalf.||You can request to access your Personal Information (i.e. a copy of it). We may have one or more legally valid reasons to refuse your request in whole or in part, for example in order to protect the rights of other individuals.|
|To restrict the processing of your Personal Information.||In certain circumstances and to the extent required by law, we are required to restrict our processing of your Personal Information.||You can request that we restrict the processing of your Personal Information if (i) the data is inaccurate, (ii) the processing is unlawful, (iii) we no longer need the Personal Information, or (iv) you exercise your right to object.|
|To rectify your Personal Information.||We are required to correct the Personal Information we have about you if you inform us that it is incorrect.||If you become aware that the Personal Information that we hold about you is incorrect, or if your situation changes (for example you change address) please inform us and we will update our records.|
|To data portability.||In some circumstances, we are required to provide your Personal Information to another organization at your request and in a format that allows the other organization to read and use it.||You have the right to request that we transfer your Personal Information to another organization (i.e. another data controller) in a structured, commonly used machine-readable format, so that the other organization can read and use it.|
|To erasure of your Personal Information (a.k.a. the “right to be forgotten”).||Upon your request, and in certain circumstances and where we are required to do so by law, we are required to delete your Personal Information. This right is not absolute, and we may be entitled to retain and process your Personal Information despite your request.||If you make this request, we balance certain legal, contractual and business interests against your right to request the deletion of your Personal Information.|
|To object to certain processing of your Personal Information.||Upon your request, and in certain circumstances and where we are required to do so by law, we will limit our processing of your Personal Information as you request.||You may object to the processing of your Personal Information in certain circumstances. If you make this request, we will consider certain legal, contractual and business interests and obligations against your right to object to the processing. You can also object to our use of your Personal Information for direct marketing purposes.|
|To not be subject to a decision based solely on “automated processing.”||We are required to keep records of automated processing that we carry out, if any, and, in certain circumstances, provide you with information about the way that the decisions are made, and respond to your objections to being subject to decisions made.||We do not make decisions about individuals based solely on automated processing. If we engage in this activity in the future, you will have the right to object to a decision we make wholly by a computer or algorithm without human input and to receive information about this type of processing.|
Submit a Consumer Privacy Request. If you want to exercise any of the above rights, please submit a verifiable consumer privacy request to Inspired Taste:
Changes to this Privacy Notice. We may occasionally make changes to this Privacy Notice to ensure its accuracy. If we make changes, the revised Privacy Notice will be posted online and the date of the newest version will be listed. Please check back frequently, especially before you provide us with personal information, to determine the current scope of the notice.
If you have any further questions about our collection and use of your Personal Information, or if you wish to exercise any of your rights over your Personal Information or if you have any questions about this Privacy Notice, please contact us at [email protected]
Last updated [February 14, 2020]
This Agreement includes a class action waiver and an arbitration provision that governs any disputes between you and INSPIRED TASTE.
Acceptance. By accessing, browsing, or using our Site, you agree to be unconditionally bound by these Terms. You can accept the Terms by clicking to accept or agree to the Terms where this option is made available to you in any agreement, electronic form, or the user interface for any service we offer, or by actually using the Site. If you are accessing the Site or Services on behalf of a legal entity, you represent and agree that you are authorized to act on behalf of the legal entity and to bind such legal entity to these Terms. These Terms will remain in effect while you use the Site or the Services. If you do not agree and accept these Terms, you may not use, and must immediately cease all use of, the Site and our Services. If you have any questions regarding these Terms, please contact us at [email protected]
Eligibility. You represent and warrant that you are at least 16 years of age or the age of legal majority in your jurisdiction, whichever is higher. If you are under age 16, you may not use or access the Site, unless explicitly authorized by Inspired Taste. If Inspired Taste discovers or has any reason to suspect that you are not at least 16 years of age, Inspired Taste reserves the right to suspend or terminate your access to the Site immediately and without notice.
Consent to Do Business Electronically. By accessing our Site, registering with Inspired Taste, or typing your name into any of our electronic forms and indicating your acceptance or submission of information by clicking a box, you consent to (a) Inspired Taste communicating with you electronically; (b) receiving all applications, notices, disclosures and authorizations (collectively, “Records”) from Inspired Taste electronically; and (c) entering into agreements and transactions using electronic Records and signatures. Please note that federal law treats electronic signatures as having the same legal force and effect as if they were signed on paper by hand, and online contracts have the same legal force as signing an equivalent paper contract in ink. Inspired Taste will use electronic documents for all communications, agreements, disclosures, authorizations and other documents necessary to provide you with the Site or Services. You must have a computer or other web-enabled device, connection to the internet, an active email account, and the ability to receive and read PDF files (such as Adobe® Acrobat® Reader) to conduct business with us electronically. You agree to be responsible for keeping your own Records. You may print or download Records from the Site and keep them for your own reference. If you require assistance with your Records, or if you wish to receive records in paper format or to withdraw your consent to receiving electronic records from us, please contact us at [email protected] Agreements and transactions executed prior to this request will remain valid and enforceable.
Additional Terms. Prior to access and use of certain areas of the Site or other Services, you may be presented and required to agree to additional terms in lieu of or in addition to these Terms (“Additional Terms”). Additional Terms may be presented online or offline, in either electronic or hardcopy form. In the event of a conflict between these Terms and any Additional Terms, the Additional Terms will govern.
Communications from Inspired Taste. We may use your contact information to communicate with you about your use of our Site or Services. For example, we may send you service announcements or administrative communications by email, phone, mail or other means. You understand that you receive these communications as part of your use of the Site or Services.
Proprietary Rights & License. Inspired Taste is a registered trademark, in the US and/or other countries, of Inspired Taste Inc. Other logos, trademarks, services marks, product, or company names mentioned herein are the property of their respective owners. All recipes, instructions, images, illustrations, designs, photographs, video clips, text, icons, research, insights, portfolios, reports, written information and other materials that appear on the Site and all other applications developed for products or services offered by Inspired Taste (collectively, the “Content”) are subject to copyright, trademark, service mark, trade dress and other intellectual property rights or licenses held by Inspired Taste. Your use of the Content, trademarks, service marks, trade dress and copyrighted material displayed on this Site, other than as provided in the Terms or any Additional Terms, is strictly prohibited. No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading. Except as permitted in the Terms or Additional Terms, you may not copy, download, reproduce, modify, publish, distribute, transmit, transfer, create derivative works from, or otherwise exploit the Content. Inspired Taste and its affiliates and licensors reserve complete title and full intellectual property rights in any Content you download from this Site and reserve all intellectual property rights that are not expressly reserved herein.
Site Content Use. Accessing the Site does not authorize you to use any name, logo, trademark or service mark in any manner. We only grant you permission to display, download, and print in hard copy format other Content for the purposes of using the Site as a personal resource. You do not have permission to copy, reproduce, distribute, republish, download, display, post electronically or mechanically, transmit, record, mirror, or photocopy any of the Content without the prior written permission of Inspired Taste or the applicable owner. Specifically, you may not:
- Modify copies of any Content.
- Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark, or other proprietary rights or notices from copies of Content.
- Access or use any part of the Content or any services or materials available through the Site for purposes other than those granted by these Terms or under Additional Terms.
Inspired Taste may grant third parties the right to link another website to the Site through a URL linking mechanism supplied by Inspired Taste. Any request for such right must be made to Inspired Taste in writing. Any alteration, change, modification, adjustment or revision to the linking mechanism must be approved by Inspired Taste in writing prior to implementation. The permissions described above will terminate automatically if you breach any of these Terms or Additional Terms. Any other use of the Content on this Site including reproduction for purposes other than as granted to you, and including any reproduction, modification, distribution, or republication may violate copyright or trademark laws, and, without the prior written permission of Inspired Taste, is strictly prohibited.
The Site is protected by technical and organizational security mechanisms. If you violate or attempt to violate any of the security protections employed by Inspired Taste, through the Site or otherwise, you may face civil or criminal liability. We will investigate all suspected violations and may involve or cooperate with law enforcement authorities in prosecuting users who are involved in such violations. We reserve the right to disable your Account, and corresponding user name, password, or other identifier at any time and in our sole discretion if, in our opinion, you have violated any provision of these Terms, or Additional Terms.
User Generated Content. Site visitors have the opportunity to publish, transmit, submit or otherwise post on the Site comments, photos, or other materials information, content, graphics, text, images, software, sound files, video, communications, documents, or other materials that are provided, posted, uploaded, or otherwise submitted to the Site by users of the Site (“User Generated Content”). Site visitors must provide Inspired Taste with a valid email address in order to publish User Generated Content. Inspired Taste does not control and is not responsible or liable for any User Generated Content. Additionally, User Generated Content must not:
- Contain any material that is false, defamatory, libelous, obscene, harassing, threatening, discriminatory, bigoted, hateful, violent, vulgar, profane, pornographic or otherwise offensive, inappropriate, damaging, unlawful, disruptive or harmful;
- Violate Inspired Taste’s or any other person’s or entity’s legal rights, contain any material that could give rise to civil or criminal liability under applicable laws or regulations, or otherwise promote, advocate or assist any illegal activity or unlawful act;
- Create or threaten harm to any person or loss or damage to property;
- Include others’ Personal Information or any other information that may be used to track, contact, or impersonate that individual;
- Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other proprietary rights of Inspired Taste or any other person, or violate the terms of any contract in respect of such intellectual property or proprietary rights;
- Seek to harm or exploit children by exposing them to inappropriate content, asking for Personal Information or otherwise;
- Misrepresent your identity or affiliation with any person or organization;
- Seek to collect others’ email addresses, usernames, or passwords by any means;
- Seek to transmit chain letters, bulk or junk email, or to interfere with, disrupt or create an undue burden on Inspired Taste or the networks or services connected to the Site, or to install or attempt to install or promote spyware, malware or other computer code on our computers or equipment or the computers or equipment of third parties;
- Relate to commercial activities such as contests, sweepstakes, or other sales promotions, barter, advertising or offers of sale or purchase of goods and services; or
- Be otherwise objectionable as determined by Inspired Taste at our sole discretion.
You acknowledge, represent, and agree that all User Generated Content submitted by you (“Your Content”) is submitted voluntarily and is not confidential or proprietary and that Inspired Taste will not treat it as such. You grant to Inspired Taste a worldwide, royalty-free, transferrable, sublicensable, non-exclusive, perpetual, irrevocable license to Your Content to make, use, copy, modify, adapt, create derivative works of, publicly perform or display, import, broadcast, transmit, distribute, license, publish, translate, offer to sell, and sell, rent, lease or lend copies of Your Content (and derivative works thereof), and to publish your name and other information about you in connection with Your Content. Inspired Taste reserves the right to, but is under no obligation to, post, moderate or modify User Generated Content on the Site and may, in its discretion, edit, block, refuse to post, or remove any User Generated Content (including Your Content) at any time. You represent and warrant that you have the rights necessary to grant the rights in this paragraph and that Your Content does not infringe the rights of Inspired Taste or any third party or violate any agreement with Inspired Taste or any third party, or any applicable law. If Inspired Taste suspects violations of the foregoing, Inspired Taste may institute legal action and cooperate with law enforcement authorities in bringing legal proceedings against violators. You are solely responsible for Your Content and any other User Generated Content you provide to Inspired Taste or make available through the Site.
Site Security Features. You are strictly prohibited from violating or trying to violate the security features of the Site, such as by:
- Accessing data not intended for you or logging onto a server or an account which you are not authorized to access
- Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures unless we expressly authorize that you do so in writing
- Attempting to interfere with service to any user, host or network, such as by means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mail bombing” or “crashing.”
- Sending unsolicited email, including promotions and/or advertising of products or services forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting.
You hereby agree not to use any device, software or routine to interfere or try to interfere with the proper working of this Site or any activity being conducted on this Site. You further agree not to use or try to use any engine, software, tool, agent or other device or mechanism (including browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site other than the search engine and search agents that we make available on this Site and other than the generally available third-party web browsers. If you violate our system or network security, you may face civil or criminal liability. We will investigate occurrences that may involve such violations. We may involve or cooperate with law enforcement authorities in prosecuting users who are involved in such violations.
Privacy Notice. When you use or access the Site, you authorize Inspired Taste to collect, use, transmit, process, and store information about you in accordance with our Privacy Notice.
Support and Availability. Inspired Taste aims to provide the Site in accordance with these Terms, but has no obligation to provide support in relation to the Site, Content, your Account, or User Generated Content. Inspired Taste does not guarantee availability of the Site, Content, your Account, or User Generated Content and your access is permitted only if and when they are available. The Site may be unavailable for service, upgrades, maintenance, or other reasons. To the maximum extent authorized under applicable law, Inspired Taste reserves the right to discontinue your access to the Site, your Account, or to any Content provided or made available to you through use of the Site at any time without notice to you. If you would like to request support for the Site, please contact us at [email protected]
Changes To These Terms. Inspired Taste reserves the right to change these Terms at any time. Inspired Taste will give you notice of any changes by making the updated Terms available through the Site, sending you an e-mail, or by any other reasonable means. The updated Terms are binding on you as of the effective date indicated therein. If you do not want to agree to the updated Terms, you must terminate your Account and stop using the Site and Content. Your continued use of the Site after the effective date will constitute your acceptance of the updated Terms.
Third-Party Products and Services. You may need to use or obtain additional products or services in order to use the Site or Content, such as internet access, a device, or a data connection. You must obtain all third-party products and services separately and pay all associated charges. Inspired Taste does not endorse, sponsor, or have control over any third-party products or services and will not be responsible for any third-party products or services.
Termination. You may discontinue use of our Services at any time. However, Inspired Taste is under no obligation to issue a refund for any prepaid fees associated with your use of our Services. Inspired Taste reserves the right to terminate your use of our Services, these Terms, and/or suspend or terminate the Site at any time with or without prior notice. Any rights or obligations contained herein intended by their nature to survive termination, shall remain in effect after such termination.
DISCLAIMER OF WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND THE CONTENT ARE PROVIDED “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE” AND THE ENTIRE RISK OF USE AND PERFORMANCE REMAINS WITH YOU. INSPIRED TASTE AND ITS SUPPLIERS, AND LICENSORS DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY, AND HEREBY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT. IN PARTICULAR, INSPIRED TASTE, ITS AFFILIATES, SUPPLIERS, AND LICENSORS MAKE NO WARRANTY: (A) THAT THE SITE, CONTENT, OR USER CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE OR PROVIDED ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (B) THAT ANY INFORMATION OR CONTENT OBTAINED THROUGH IT WILL BE ACCURATE, COMPLETE, OR RELIABLE; OR (C) THAT ANY DEFECTS OR ERRORS THEREIN WILL BE CORRECTED. THE SITE, CONTENT, AND USER CONTENT YOU DOWNLOAD OR OBTAIN THROUGH THE SITE IS ACCESSED AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS THAT RESULTS THEREFROM.
Disclaimer of Certain Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL INSPIRED TASTE OR ANY SUPPLIER, OR LICENSOR BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR PUNITIVE DAMAGES; FOR LOSS OF PROFITS, BUSINESS, GOODWILL, ANTICIPATED SAVINGS, OR USE; LOSS OR CORRUPTION OF DATA, CONFIDENTIAL INFORMATION, OR OTHER INFORMATION; BUSINESS INTERRUPTION; PERSONAL INJURY; PROPERTY DAMAGE; LOSS OF PRIVACY; FAILURE TO MEET ANY DUTY OF GOOD FAITH OR REASONABLE CARE; NEGLIGENCE; AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER, ARISING OUT OF, BASED ON, RESULTING FROM, OR IN ANY WAY RELATED TO THESE TERMS, THE SITE, CONTENT, OR USER CONTENT, EVEN IF INSPIRED TASTE OR ANY SUPPLIER, OR LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Limitation of Liability and Exclusive Remedy. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND TO THE EXTENT THEY ARE NOT EXCLUDED OR DISCLAIMED ELSEWHERE IN THESE TERMS, INSPIRED TASTE AND ITS SUPPLIERS’, AND LICENSORS’ MAXIMUM, AGGREGATE LIABILITY TO YOU, AND YOUR EXCLUSIVE REMEDY UNDER THESE TERMS FOR ANY AND ALL DAMAGES, INJURIES, AND LOSSES ARISING FROM ANY AND ALL CLAIMS AND CAUSES OF ACTION ARISING OUT OF, BASED ON, RESULTING FROM, OR IN ANY WAY RELATED TO THESE TERMS, THE SITE, CONTENT, OR USER CONTENT, WILL BE TO RECOVER THE ACTUAL DAMAGES YOU INCUR BASED UPON REASONABLE RELIANCE ON THE SITE UP TO U.S. $100.00. THE EXISTENCE OF MULTIPLE CLAIMS OR SUITS UNDER OR RELATED TO THESE TERMS, THE SITE, CONTENT, OR USER CONTENT WILL NOT ENLARGE OR EXTEND THE LIMITATION OF MONEY DAMAGES WHICH WILL BE YOUR SOLE AND EXCLUSIVE REMEDY.
Independent Remedies. The Disclaimer of Certain Damages paragraph is independent of your Exclusive Remedy described in the preceding paragraph, and it survives even if the Exclusive Remedy fails its essential purpose or otherwise is deemed unenforceable. Each of the limitations of liability set forth herein applies without regard to whether loss, liability, or damage arises from (a) breach of contract, (b) breach of warranty, (c) fault or tort, including negligence and misrepresentation, (d) strict liability, or (e) any other cause of action, to the extent the exclusions and limitations are not prohibited by applicable law.
Notice on Potential Limits of Terms. Some jurisdictions do not allow the exclusion or limitation of damages (including incidental or consequential), loss, or liability from intentional acts (including fraud, fraudulent misrepresentation, and failure to disclose defects), product liability, or for death or personal injury. Nothing in these Terms shall be interpreted as excluding liability which cannot under applicable law be excluded in those jurisdictions. If you reside, or are otherwise subject to the laws in one of those jurisdictions any statutory entitlement available to you will be deemed limited to the extent (if at all) permissible under that law and, if limitation is not permitted, the limitations and exclusions in this paragraph may not apply to you.
Indemnification. You agree to defend, indemnify, and hold Inspired Taste and its directors, officers, employees, agents, members, partners, suppliers, and licensors harmless and will keep them indemnified from any third-party claim or demand, including reasonable attorneys’ fees, relating to or arising from: (a) your User Generated Content or your use of the Site; (b) any violation by you of these Terms; or (c) your violation of any another party’s rights or applicable law. Inspired Taste reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with Inspired Taste in asserting any available defenses.
Class Action Waiver. You hereby waive any right to commence or participate in any class action lawsuit against INSPIRED TASTE related to any claim, dispute or controversy, and, where applicable, you hereby agree to opt out of any class proceeding against VERNIER otherwise commenced.
Geographic Restrictions. Inspired Taste controls and operates the Site from its offices within the United States. You acknowledge that you may not be able to access all or some of the Site, or Services outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If you choose to access the Site or Services from another location, you do so on your own initiative and are responsible for compliance with applicable local laws.
Governing Law and Venue. These Terms will be governed by and construed in accordance with the laws of the State of Washington without reference to its conflict of laws provisions. You agree to submit to the exclusive jurisdiction and venue in the state and federal courts located in Seattle, WA for any and all disputes, claims, and actions arising from or in connection with the Site or these Terms. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms.
General. Paragraph titles are only for convenience and have no legal or contractual significance. Any list of examples following “including” or “e.g.,” is illustrative and not exhaustive, unless qualified by terms like “only” or “solely.” Inspired Taste’s failure to act with respect to a breach by you or others does not waive its rights to act with respect to subsequent or similar breaches. A waiver will only be binding on Inspired Taste if it is in a written document signed by Inspired Taste. If any provision of these Terms is held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining terms, covenants and restrictions will remain in full force and effect. You and Inspired Taste intend that the provisions of these Terms be enforced to the fullest extent permitted by applicable law. Accordingly, you and Inspired Taste agree that if any provision is deemed unenforceable, where possible, it will be modified to the extent necessary to make it enforceable, which may include its deletion. Inspired Taste may assign its rights and delegate its obligations under these Terms, in whole or in part, at any time with or without notice to you, and these Terms will be binding upon and inure to the benefit of Inspired Taste’s successors and assigns. You may not assign, transfer or sublicense your rights (if any). These Terms (including any incorporated terms) and any Additional Terms constitute the entire agreement between you and Inspired Taste with respect to the Site. Both you and Inspired Taste warrant to each other that, in entering this agreement, neither Inspired Taste nor you have relied on nor will have any right or remedy based upon any statement, representation, warranty, or assurance other than those expressly stated in these Terms (including any incorporated terms) and any Additional Terms. The preceding sentence will not limit or exclude any liability that cannot be limited or excluded under applicable law. No one other than you and Inspired Taste, or Inspired Taste’s successors and assigns, will have any right to enforce these Terms.
Contact. Inspired Taste will provide all notices (including legal process) that Inspired Taste is required to give by any lawful method, including by making notice available through the Site or by sending it to any e-mail or mailing address that you provide to Inspired Taste. You acknowledge that if you do not provide Inspired Taste with current and accurate contact information, Inspired Taste may not be able to contact you. You agree to send Inspired Taste notice by email to [email protected]