Privacy Policy

1. Introduction

For purposes of this Privacy Policy, references to "we," "our," and "us" mean InstaMarkt. We own and operate the website at https://instamarkt.co/ and the "Instamarkt" mobile application (collectively, the "App"). The App facilitates transactions between you and third parties such as restaurants and delivery services. This Privacy Policy explains how and why we collect, use, and disclose information about you collected through the App, but it does not cover the privacy practices of third parties we use to provide the goods and services you order through the App.

The App and its functionality will change over time. We therefore reserve the right to change, modify, add, or remove portions of this Privacy Policy from time to time. We will not, however, retroactively change how we share your personal information without your consent. We will provide notice of any material changes through the App or by other means as we deem appropriate before they take effect. Please check back periodically for any changes we may make to the Privacy Policy. Your continued use of the App after we post changes to this Privacy Policy means you accept and consent to these changes.

2. Personal Information We Collect

When you interact with the App, we may collect personal information such as:

● First and last name;

● Usernames you use on other platforms (e.g., Google or Facebook) if you are logging into the App using your log-in credentials from that platform;

● Email address;

● Phone number;

● Physical address;

● IP address;

● Payment information;

● Unique device ID or other online identifier;

● If you opt-in, location information, such as real-time information about the location of your device; and

● Any other personal information provided (e.g., notes, special requests or instructions, polls, surveys, reviews, chatbot messages) in the App.

We may also collect general information about the equipment you use to access the App, your operating system and browser type, the features that you use, times and dates of your interactions with the App, details of your transactions through and interactions with the App, and software event data.

3. How We Collect Information

We may collect information:

● Directly from you when you provide it, including by filling out food orders (e.g., special requests or instructions), providing reviews of restaurants, using the chatbot feature, setting up an account and personal profile, or participating in food competitions, contests, or marketing/promotional events.

● Automatically as you interact with the App, such as location data, data on browsing activities and patterns, times and dates of logins, and event data.

● From third parties, including analytics providers, that we use to operate the App and its services. Third-party platforms, such as Google and Facebook, may also share certain information with us if you use those platforms to log into the App. Many such platforms provide you with a tool to control the information you share with us, but the specifics of your relationship with that platform are governed by that platform's policies – not this Privacy Policy.

Cookies. The App uses cookies. A "cookie" is a small file that we save on your computer or mobile device. Our cookies help to give you faster access to pages you have already visited and help you to participate in activities or events on the App. They may also help us customize our offerings to you. You may choose to disable some cookies through your web browser, but doing so may affect your ability to access or use the App.

4. How We Use Your Personal Information

We may use or disclose your information for one or more of the following business purposes:

● Providing the goods and services you've requested or agreed to receive;

● Enabling you to participate in App features (e.g., providing location information allows for efficient curbside pickup);

● Enabling you to participate in food competitions, contests, and promotional events;

● Processing your account registration;

● Responding to your questions, feedback, or other requests;

● Notifying you regarding your use of the App, and changes to the App;

● Marketing our products and services to you and sending you marketing materials that may be of interest to you, but only if you consent to providing your information for this purpose;

● Enforcing compliance with our [Contact] and this Privacy Policy;

● For any other purpose disclosed by us when you provide the information; and

● For other purposes with your consent, which you may withdraw at any time.

Marketing Communications from InstaMarkt. We will send you marketing communications only with your express consent. If you choose not to consent, you may still access the App, but you may not receive important information about updated features and functionality of the App or other products that may interest you.

5. How We Share Information

We may share non-personally identifiable information, such as aggregated and anonymous user statistics, with third parties. We do not share your personal information with third parties for third-party marketing purposes, or for any other purpose other than as described in this Privacy Policy. We may share the information we have collected about you, including personal information, as disclosed at the time you provide your information and in the following circumstances:

Third Parties Providing Services on Our Behalf. We use third parties to provide the goods and services you have ordered through the App (e.g., restaurants and other food-and-beverage vendors, delivery hubs, courier companies and other third-party delivery services). We also use third parties to host the App and data collected through it, design and operate the App features, and perform administrative, analytics, payment processing, [advertising, ]and communications services. We may disclose your personal information to these companies so they can carry out these business purposes on our behalf. [These companies are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them, but this Privacy Policy does not address all the privacy practices of those third parties.] Finally, (a) third-party analytics service providers and (b) ad-serving platforms may set and access their own cookies and web beacons on your device. These parties may have access to usage information.

Sweepstakes, Contests, Events, and Promotions. We may offer food competitions, contests, and promotional events (each, a "Promotion") through the App that may require tickets or other registration. By participating in a Promotion, you agree to the terms, conditions and/or official rules that govern that Promotion. If you choose to enter a Promotion, we may disclose your personal information to third parties or the public in connection with the administration of the Promotion, including, without limitation, in connection with winner selection, prize fulfillment, and as required by law or permitted by the Promotion's official rules, such as on a winners list.

Administrative and Legal Reasons. We may disclose personal information if required to do so by law or in the good-faith belief that such action is necessary to (y) conform to applicable law or comply with legal process served on us or (z) protect and defend our rights or property, the App, its users, or the public.

Business Transfer. We reserve the right to disclose and transfer all information related to the App, including, without limitation, your personal information, demographic information and usage information (i) to a subsequent owner, co-owner, or operator of the App or applicable database or (ii) in connection with a corporate merger, consolidation, restructuring, the sale of substantially all of our ownership interests and/or assets or other corporate change, including, without limitation, during the

6. Sales of Personal Information

We have not sold, and—except in connection with a business transfer (described above)—we will not sell your personal information.

7. Links to Other Websites and Services; Limitations of this Privacy Policy

We are not responsible for the practices employed by websites, mobile applications, or other third parties offering goods or services that link to or from the App. Nor does this Privacy Policy cover websites, mobile applications, or goods or services operated by third parties. Finally, this Privacy Policy does not apply to information we collect by other means (including offline) or from sources other than the App. Without limiting the foregoing, third-party messaging services (such as Telegram) may be linked from the App and provide you with the option to send messages to third-party service providers such as restaurants or other App users. We are not responsible for the practices employed by such messaging services and recommend that you review their practices and procedures before agreeing to use them.

8. Security

Personal information covered by this Privacy Policy is stored in secure operating environments that are not available to the public. In some instances, personal information is encrypted during storage and transmission. [Only InstaMarkt, employees and agents who need access to your personal information to do their jobs are allowed access, each having signed confidentiality agreements or otherwise subject to a duty of confidentiality.]

While we make reasonable efforts to safeguard your personal information once we receive it, no transmission of data over the Internet or any other public network can be guaranteed to be 100% secure. As a result, we cannot ensure or warrant the security of any information you transmit to us or information we transmit to you from the App, and you assume all related risks.

We regularly review the information that we collect and store. Personal data collected and stored for the purposes of processing orders and auditability will generally be maintained indefinitely.

9. Other Information

Lawful Bases. We collect and process your personal information only when we have a lawful basis to do so. Lawful bases include your consent, the fulfillment of our contractual rights or obligations, complying with applicable law, and the legitimate interests of InstaMarkt., or third parties (provided that processing your data for a legitimate interest does not outweigh your rights and freedoms). Examples of a legitimate interest include (a) analyzing user data to maintain and improve the App for all users; (b) providing you with access to the App and related goods and services; (c) providing you with up-to-date information about new features of the App; (d) engaging third-party service providers to deliver certain features of the App; and (e) complying with record retention laws or other legal obligations. You may withdraw your consent or object to a legitimate interest at any time by contacting us at the information provided below.

Cross-Border Transfer. The App is hosted on servers in the United States. Any personal information you provide to us will be processed and stored on servers in the United States, the laws of which may be deemed by other countries to have inadequate data protection. Accordingly, if you are located outside the United States, you consent and continue to consent to the processing and storage of such data in the United States. Where appropriate, we have in place, or are pursuing, agreements with our affiliates and contractors that include standard contractual clauses to protect your rights with respect to your data. We use appropriate safeguards to protect your personal information in accordance with this Privacy Policy. [We have also implemented appropriate safeguards with our third-party service providers.]

Do Not Track. Some browsers incorporate a "Do Not Track" (DNT) feature that, when turned on, signals to websites and online services that you do not want to be tracked. At this time, the App does not respond to DNT signals.

Children Under 16. The App is not intended for children under 16, and we do not knowingly collect personal information from children under the age of 16. If you are under 16, please do not use the App or submit any personal information through the App.

If you have reason to believe that a child under the age of 16 has provided their personal information to us, please contact us, and we will delete that information.

10. Your Choices and Privacy Rights

If you choose not to provide personal information, you may be unable to access or use the App or certain App features. For example, not providing location information will cause the App's location-based features to be disabled, which could interfere with you receiving food you ordered.

Your Privacy Rights. You may access and update the personal information you provided to set up your account, or terminate your account, at any time through your account. If you wish to terminate your account and use a third-party platform (e.g., Google or Facebook) to log into the App, you may also need to terminate our access to your information through that platform. If you would like to obtain a copy of all personal information gathered by the App, terminate your account, or if you would like to correct or delete your information, you may submit a request to us by email at info@instamarkt.co. Our response to your inquiry may include, as applicable:

● The categories of personal information we collected about you;

● The categories of sources for the personal information we 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;

● The specific pieces of personal information we collected about you (also called a data portability request);

● If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:

§ sales, identifying the personal information categories that each category of recipient purchased; and

§ disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.

We may be unable to delete your personal information without also deleting your account.

Please note that we may ask you to verify your identity before responding to any request. We will not discriminate against you for exercising your privacy rights.

Opting Out. If you no longer wish to receive promotional and marketing communications from us, send us an email at info@instamarkt.co. You can also stop receiving certain types of email communications from us by clicking on the "unsubscribe" link in such communications.

Improper Collection and Misuse of Personal Information. Please report any improper collection or misuse of personal information to info@instamarkt.co. Depending on the law where you live, you may also have the right to file a complaint with your local attorney general or other data protection authority.

11. Our Contact Information

You may contact us regarding matters in this Privacy Policy at:

InstaMarkt

3759 SW Badger Ave Suite 205

Redmond, OR 97756

Email: info@instamarkt.co