Modernist Cuisine Online Privacy Policy

Effective November 27, 2024

This Privacy Policy describes the types of information Modernist Cuisine (“MC,” “we,” “our” or “us”) collects through our websites, including the website at www.modernistcuisine.com (our “Sites”), as well as all related websites, networks, applications, and other services provided by us and on which a link to this Privacy Policy is displayed (collectively, together with the Sites, our “Offerings”). This Privacy Policy describes the information that we gather from you on our Offerings, how we use and disclose such information, and the steps we take to protect such information.

Information We Collect on our Offerings

• User-provided Information. When you use our Offerings, we may collect information about you, including your name, contact information (address, phone number, email address), payment information, purchase/return/exchange information, geographic area, or preferences and we may link this information with other information about you. You may provide us with information in various ways through our Offerings. For example, you provide us with information when you register to use features of our Offerings, use our Offerings, request information from us, make a purchase, or send us customer service-related requests.
• Automatically Collected Information. When you use our Offerings, we may collect certain information automatically from your device, including information like your IP address, device type, unique device identification numbers, browser-type, broad geographic location and other technical information. We may also collect information about how your device has interacted with our Offerings including our Sites, including the pages accessed and links clicked. Some of this information may be collected using cookies and similar tracking technology.

How We Use the Information We Collect

We use information we collect on or through our Offerings in a variety of ways in providing our Offerings and operating our business, including the following:

• We use the information that we collect on or through our Offerings to:
  • operate, maintain, enhance and provide all features of our Offerings,
  • provide services and information that you request,
  • fulfill and manage purchases, orders, payments, and returns/exchanges,
  • prevent fraudulent transactions, monitor against theft and otherwise protect our users and our business,
  • respond to comments and questions and otherwise to provide support to users,
  • understand and analyze the usage trends and preferences of our users,
  • improve our Offerings, and
  • to develop new products, services, features, and functionality.
• We may use your email address or other contact information we collect to:
  • contact you for administrative purposes such as customer service or
  • send communications, including updates on promotions and events, relating to products and services offered by us and by third parties.
• We may use cookies and automatically collected information.

TARGETED ADVERTISING AND ANALYTICS

We engage others to provide analytics services, serve advertisements, and perform related services on our behalf. To do this, we and these partners may use cookies, pixels, device identifiers, and other technologies to collect information about your use of our Offerings and other websites and mobile apps, including your IP address, web browser and mobile network information, pages viewed, time spent on pages, links clicked, order information, items added to cart, and conversion information. This information is used to deliver advertising targeted to you on other companies’ sites or mobile apps, understand the effectiveness of this advertising, analyze and track data, determine the popularity of certain content, and better understand your activity. You can learn more about these practices and opt out of having your web browsing information used for behavioral advertising purposes by companies that participate in the Digital Advertising Alliance, by visiting www.aboutads.info/choices.

In addition to ad targeting activities that rely on cookies and similar technologies, we work with advertising partners to translate other identifiers, such as your email address or phone number, into a unique identifier (called a hashed value) that such partners can then use to show ads to promote Offerings. If you would like to opt out of this practice, please contact us at PrivacyCompliance@intven.com.

When We Disclose Information

Except as described in this Privacy Policy, we will not disclose information about you that we collect on or through our Offerings to third parties without your consent. We may disclose information to third parties if you consent to us doing so, as well as in the following circumstances:

• Any information that you voluntarily choose to include in a publicly accessible area of the Sites or any of our Offerings will be available to anyone who has access to that content, including other users.
• We work with vendors who provide website, e-commerce platform and payment processing, application development, hosting, maintenance, sales enablement and other services for us. These vendors may have access to or process information about you as part of providing those services for us. Generally, we limit the information provided to and/or collected by these vendors to that which is reasonably necessary for them to perform their functions, and we require them to agree to maintain the confidentiality of such information.
• We may disclose your information if required to do so by any competent law enforcement body, regulatory, government agency, court or other third party where we believe disclosure is necessary to comply with applicable law or regulation, in response to a court order, judicial or other government subpoena or warrant, or to otherwise cooperate with law enforcement or other governmental agencies.
• We also reserve the right to disclose your information that we believe, in good faith, is appropriate or necessary to (i) take precautions against liability, (ii) detect security incidents and protect ourselves or others from fraudulent, abusive, or unlawful uses or activity, (iii) investigate and defend ourselves against any third-party claims or allegations, (iv) protect the security or integrity of our Offerings and any facilities or equipment used to make our Offerings available, or (v) protect our property or other legal rights (including, but not limited to, enforcement of our agreements), or the rights, property, or safety of others.
• Information about our users may be disclosed and otherwise transferred to an acquirer, successor, or assignee as part of any merger, acquisition, debt financing, sale of assets, or similar transaction, or in the event of an insolvency, bankruptcy, or receivership in which information is transferred to one or more third parties as one of our business assets in which case the acquirer, successor or assignee will use your personal information in line with this Privacy Policy.
• We may make certain aggregated, automatically-collected, or otherwise non-personal information available to third parties for various purposes, including (i) compliance with various reporting obligations; (ii) for business or marketing purposes; or (iii) to assist such parties in understanding our users’ interests, habits, and usage patterns for certain programs, content, services, advertisements, promotions, and/or functionality available through our Offerings.

Your Privacy Rights and Choices

Opting Out of Marketing Communications

You may opt out of receiving emails from MC by following the instructions in those emails. If you opt out, we may still send you non-promotional emails, such as those our ongoing business relations.

Cookies and Similar Tracking Technologies

MC uses cookies and similar tracking technologies to analyze visits to and use of our Offerings and how consumers are interacting with our marketing communications. You can usually adjust your browser settings to remove or reject all or some browser cookies. Please note that removing or rejecting cookies could affect the availability and functionality of our Offerings.

Privacy Rights

Certain states have enacted consumer privacy laws that grant their residents certain rights and require additional disclosures. Depending on where you reside, and to the extent these laws apply to MC, you may have the right to request access to or deletion or correction of information we hold about you. You also have the right to not be discriminated against for the exercise of your privacy rights under applicable law.

For more information or to exercise your rights, please contact us at PrivacyCompliance@intven.com. To protect your privacy and security, we may take steps to verify your identity before granting access or making changes to information you have provided us. If we cannot verify your identity, we may be unable to comply with your request to provide, correct, or delete your personal information.

Please note that while any changes you make will be reflected in active user databases within a reasonable period of time, we may retain all information you submit for backups, archiving, prevention of fraud and abuse, analytics, satisfaction of legal obligations, or where we otherwise reasonably believe that we have a legitimate reason to do so.

Third-Party Services

Our Offerings may contain features or links to websites and services provided by third parties. Any information you provide on third-party sites or services is provided directly to the operators of such services and is subject to those operators’ policies, if any, governing privacy and security, even if accessed through our Offerings. We are not responsible for the content or privacy and security practices and policies of third-party sites or services to which links or access are provided through our Offerings. We encourage you to learn about third parties’ privacy and security policies before providing them with information.

Data Security

We implement and maintain reasonable physical, managerial, and technical safeguards that are designed to improve the integrity and security of information that we collect, process and maintain. The measures we use are designed to provide a level of security appropriate to the risk of processing your personal information. Please be aware that no security measures are perfect or impenetrable. We cannot and do not guarantee that your information will not be accessed, viewed, disclosed, altered, or destroyed by breach of any of our physical, technical, or managerial safeguards.

International Visitors

Our Offerings are hosted in the United States. If you choose to use our Offerings from the European Union or other regions of the world with laws governing data collection and use that may differ from U.S. law, then please note that you are transferring your personal information outside of those regions to the United States for storage and processing.

We may transfer and process your personal information in countries other than the country in which you are resident in connection with storage and processing of data, fulfilling your requests, and operating and providing our Offerings. These countries may have data protection laws that are different to the laws of your country. Specifically, our Offerings are hosted in the United States, and our subsidiaries and third-party service providers and partners operate in the United States. However, we have taken appropriate safeguards to require that your personal information will remain protected in accordance with this Privacy Policy. We have implemented the European Commission’s Standard Contractual Clauses for transfers of personal information between our subsidiaries, which require all subsidiaries to protect personal information they process from the EEA in accordance with European Union data protection law. We have implemented similar appropriate safeguards with our third-party service providers and partners.

Changes and Updates to this Privacy Policy

Please revisit this page periodically to stay aware of any changes to this Privacy Policy, which we may update from time to time. If we modify this Privacy Policy, we will make it available through our Offerings and indicate the date of the latest revision. In the event that the modifications materially alter your rights or obligations hereunder, we will make reasonable efforts to notify you of the change. For example, we may send a message to your email address, if we have one on file, or generate a pop-up or similar notification when you access one of our Offerings for the first time after such material changes are made.

Your EEA Privacy Rights

If you are a visitor/customer located in the European Economic Area (“EEA”), Modernist Cuisine is the data controller of your personal information.  If you have any GDPR-related inquiries or issues regarding data protection practices, related rights or other, please contact PrivacyCompliance@intven.com.

Our legal basis for collecting and using the personal information described above will depend on the personal information concerned and the specific context in which we collect it. However, we will normally collect personal information from you only where we have your consent to do so, where we need the personal information to perform a contract with you, or where the processing is in our legitimate interests and not overridden by your data protection interests or fundamental rights and freedoms. In some cases, we may also have a legal obligation to collect personal information from you.

If we ask you to provide personal information to comply with a legal requirement or to perform a contract with you, we will make this clear at the relevant time and advise you whether the provision of your personal information is mandatory or not (as well as of the possible consequences if you do not provide your personal information). Similarly, if we collect and use your personal information in reliance on our legitimate interests (or those of any third party), we will make clear to you at the relevant time what those legitimate interests are.

You have the following rights:

• If you wish to access, correct, update or request deletion of your personal information, see ‘Your Choices’ above.
• You can object to processing of your personal information, ask us to restrict processing of your personal information or request portability of your personal information. To exercise these rights email PrivacyCompliance@intven.com.
• If we have collected and process your personal information with your consent, then you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your personal information conducted in reliance on lawful processing grounds other than consent.
• You have the right to complain to a data protection authority about our collection and use of your personal information. Contact details for data protection authorities in the EEA, Switzerland and certain non-European countries (including the US and Canada) are available here.

We retain personal information we collect from you where we have an ongoing legitimate business need to do so (for example, to provide you with a product or service you have requested or to comply with applicable legal, tax or accounting requirements). In line with our Records Management Policy, when we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it or, if this is not possible (for example, because your personal information has been stored in backup archives, then we will securely store your personal information and isolate it from any further processing until deletion is possible).

Our Contact Information

Please contact us with any questions or comments about this Privacy Policy, your Information, our use and disclosure practices, or your consent choices by email at PrivacyCompliance@intven.com.

You can also contact us using the information provided here:

Modernist Cuisine
3150 139th Ave SE Building 4
Bellevue, WA 98005, United States