App Legal Center

These Terms of Service govern your use of and access to our cloud based service (SaaS) accessible through a mobile application and a web-based tool ,that enables (i) commercial customers in the gastronomy and the food and drink sector (hereinafter the "Buyer(s)") to communicate with, and send their orders to, their distributors (hereinafter the "Distributor(s)"), and (ii) the Distributors to manage their orders and communicate with their customers((i) and (ii) and all related services provided on or in connection with them collectively the "Service"). By accessing or using the Service, or by clicking a button or checking a box marked "I Agree" (or something similar), you acknowledge that you have read, understood, and agree to be bound by these Terms of Service (this "ToS") and have read and understood our Privacy Notice listed below. If you do not agree to this ToS then you should not use the Service. This ToS applies to all Buyers and Distributors who make use of the Service (each a “Customer”), unless a Customer has entered into a separate contract with Choco for use of the paid Service. In that case that contract between the relevant Customer and Choco shall apply in its entirety and supersede this ToS. 

The Service is offered by Choco Communications GmbH along with its affiliates (collectively, "Choco," "we," "our" or "us"). This ToS forms a binding ToS between the entity on whose behalf you are accepting this ToS and the relevant Choco entity identified below (each a “Party” and together “Parties”). You (as the person accepting this ToS) represent and warrant that you have the legal authority to bind that entity to this ToS and that you use the Service on that entity’s behalf. The references to “you” or “Customer” refer to that entity on behalf of which this ToS is accepted. 

The provisions of this ToS shall prevail over any other general or specific terms and conditions of the Customer. This ToS may be supplemented by Choco, where appropriate, by specific terms of use for certain aspects of the Services, which shall supplement this ToS and shall take precedence in the event of any conflict.

Please read this ToS carefully to ensure that you understand each provision. For the Customers based in the USA, this ToS contains a mandatory individual arbitration and class action/jury trial waiver provision that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions.

1. Access and Use

1.1 Eligibility: The Service is designed and intended for professional use only and is aimed exclusively at business customers, in particular the ones active in the catering, gastronomy and the food trade. Consumers are not permitted to use the Service. The Service is not available to any person who was previously removed from the Service by Choco. Users of the Service must be at least 21 years old if they are based in the United States, and at least 18 years old in all other jurisdictions, and must have the legal capacity to enter into binding contracts under the applicable laws of their place of residence.

1.2 Limited license: The Service is accessible via mobile and web-based applications and any other online tools that may be designated by Choco. Subject to the terms and conditions of this ToS, the Customer is hereby granted a non-exclusive, limited, non-transferable, freely revocable, non-sublicensable license to install, access and use the Service solely for its business operations as permitted by the features of the Service. Use of the Service for any purpose not expressly permitted by this ToS is strictly prohibited. 

1.3 Accounts: The Customer’s end-users (the “Users”) will each have a user account that will be managed by the admin(s) of the Customer. When creating accounts, the Users must provide accurate and complete information and must keep their information up to date. The Customer is solely responsible for the activity that occurs under the accounts of its Users; for its Users’ compliance with the ToS and for their acts and omissions. The Customer shall ensure that its Users keep their account password secure. The Customer must notify Choco immediately if there is any suspicion that the access data may have become known to unauthorized persons. Choco will not be liable for any losses caused by any unauthorized use of an User account if it occurs through no fault of Choco.

1.4 Changes to the Service: Choco may, without prior notice, change or discontinue the features of the Service, introduce new features to the Service or stop providing the Service at any time.  

1.5 AI-Powered Services: The Service may encompass functionalities that are powered by artificial intelligence (“AI”). The Customer will retain ownership over the input it provides and the output generated by AI based on the input. Choco does not guarantee the accuracy, completeness and reliability of AI-powered Services and the output generated by AI and, to the extent permitted by law, disclaims all warranties and liability for such output. To the extent such full exclusion of liability is not enforceable, Choco’s (including its legal representatives’, employees’, agents’ and subcontractors’) aggregate liability shall be limited to GBP 100 (one hundred pounds). Output generated by AI may not be unique to the Customer and it does not represent Choco’s views. The Customer undertakes to comply with the fair use policies of Choco’s third party service providers when using AI-powered functionalities. In the event of a conflict between this section and the rest of the ToS, this section shall take precedence.

1.6 Third-Party Services. Choco may make ancillary services or add-ons that are offered by third parties available on the Service (“Third-Party Services”). Third-Party Services are subject to the specific terms and conditions of the third-party service provider (“Third-Party Service Provider”). The Customer acknowledges that a Third-Party Service Provider may refuse to provide services to the Customer at its own discretion. Choco does not control the Third-Party Services and is not responsible, directly or indirectly, for any damage or loss resulting from the use of or reliance on these Third-Party Services. For the avoidance of doubt, Third-Party Services do not constitute Services as defined under this ToS and are not subject to this ToS. The Customer shall be fully responsible for its use of the Third-Party Services. 

If enabled by the relevant Distributor with whom the order is placed, the Buyer may pay its orders using the Third-Party Service for payments. At no point or time do funds transmitted by Buyers to Distributors pass into Choco's control and/or ownership; this includes any refunds or chargebacks or any kind of fund movement. The available payment methods and their terms depend on the ToS between the Third-Party Service Provider and the Distributor. Choco has no control over or liability for these payments.

1.7 Advertisements. The Service may include advertisement placements or promotions of the Distributors or third-party advertisers, such as of food producers. Choco does not endorse, verify, or make any representations or warranties regarding any products advertised in the advertisements or for their content. Any interactions, transactions with or participation in the promotions of these advertisers are solely between you and such advertisers. You agree that Choco shall not be responsible for any loss or damage of any sort arising from your dealings with the advertisers. Some of the advertisements may contain links to third-party websites or materials. Choco does not endorse, control or assume any responsibility for any such third-party websites. If you access such a website via a third-party link, you do so at your own risk and you acknowledge that this ToS and Choco’s Privacy Notice do not apply to your use of such websites. 

2. Customer Responsibilities 

2.1 Customer obligations: Without prejudice to any other obligations provided for herein, each Customer shall: (i) comply with applicable laws and regulations when using the Service, including, but not limited to, any laws applicable to sending communications; (ii) use the Service in an honest and truthful manner and observe reasonable rules of politeness, courtesy and decency in its exchanges with other customers and users; (iii) provide Choco with all necessary information and actively cooperate with Choco with regard to its use of the Service. The Customer is responsible for arranging the internet connection and the necessary equipment to use the Service. 

2.2 Usage restrictions: The Customer agrees not to engage in any of the following prohibited activities: (i) rent, lease, distribute, sublicense, or otherwise provide third parties access to, the Service; (ii) disassemble, decompile or reverse engineer the Service, except to the extent that such restriction is expressly prohibited by law; (iii) modify, copy or create derivative works of the Service or disclose any part of the Service in any medium, including without limitation by any automated or non-automated "scraping"; (iv) interfere with the proper functioning of the Service or compromise the system integrity or security of the Service, including by imposing disproportionately large load on our infrastructure; (v) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Service; (vi) send or store any viruses, worms, or other software agents through the Service; (vii) gain unauthorised access to personally identifiable or commercially sensitive information on the Service; (viii) impersonate another person or otherwise misrepresent your affiliation with a person or entity, conduct fraud, hide or attempt to hide your identity; (ix) use the Service to build competing services or for purposes other than those for which it was designed for (e.g., for sending unsolicited communication); and (x) to attempt to any of the foregoing.  

2.3 Suspension. Choco is entitled, but not obliged, to monitor the Customer’s and its Users’ use of the Service and may suspend their access to the Service (i) if Choco reasonably believes a violation of the ToS has occurred, (ii) if the suspension is necessary for technical or security reasons or to avert imminent damage to Choco, the Customer or third parties or (iii) if Choco is obliged to suspend access by law. Choco will use commercially reasonable efforts to provide advance notice of suspension, unless prohibited by law. Choco shall lift the suspension if the reason for the suspension no longer exists. Choco will have no liability for any damage, liabilities, losses (including any loss of data or profits), or any other consequences that the Customer may incur as a result of a suspension triggered by its own acts or omissions.

2.4 Relationship with Other Customers and Users. The Customer is solely responsible for its Users’ use of the Service and for their interactions with other users and customers. By making the Service available, Choco merely provides the infrastructure for placing and managing orders and for communication. Choco itself will not directly or indirectly become a party to the relationship between the Distributors and the Buyers. Each order (individual sale and purchase of products) shall be concluded solely between the relevant Buyer and the Distributor. All products that may be ordered from or via the Service are transported and delivered to the Buyer by the applicable Distributor, not by Choco. Title to products ordered on the Service, as well as the risk of loss for such products, is subject to the contract between the Buyer and the Distributor. Choco will have no liability whatsoever with regard to the performance of orders or the communications between the Buyers and the Distributors; and shall not be a party to disputes of any kind between users.  

3. Customer Content

3.1 License to Customer Content. Some areas of the Service allow content such as profile information, order information, product information, images, comments, questions, and other content or information to be submitted, posted, displayed, or otherwise to be made available by or on behalf of the Customer (altogether “Customer Content”). By making Customer Content available on or through the Service, the Customer expressly grants Choco a royalty-free, sublicensable, transferable, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, edit, translate, display and make derivative works of the Customer Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for the purpose of operating and providing the Service. 

3.2 The Customer agrees that Choco may collect, analyze and use information about the Customer’s use of the Services (“Usage Data”) and Customer Content for internal research, security, analytics purposes, for improving and providing its Services and for displaying relevant Ads and ad measurement purposes. Choco shall be entitled to create aggregated and/or de-identified information derived from Usage Data and Customer Content and use such information at its own discretion without being subject to any limitations, to the extent it does not identify the Customer or any person. Choco may sublicense or transfer the rights granted herein to its subcontractors. In addition, Choco reserves all right, title, interest and ownership over aggregated and/or de-identified information derived from User Data and Customer Content.

3.3 Warranties. In connection with its Customer Content the Customer affirms, represents and warrants that  (i) it owns or will obtain the necessary rights and permissions to share the Customer Content through the Service or otherwise make it available to Choco and to authorize the use of the Customer Content by Choco as contemplated in this ToS; (ii) it will provide the required information notices and obtain necessary consents under applicable data protection laws from the persons whose personal data may be included in the Customer Content for sharing their data with Choco; (iii) the Customer Content and use thereof as contemplated by this ToS does not violate any law or infringe any rights of any third party, including, but not limited to, any intellectual property rights and privacy rights; and (iv) all Customer Content and other provided information is truthful and accurate.

3.4 Responsibility for the Customer Content. The Customer shall be solely responsible for the Customer Content and the consequences of posting, publishing, sharing or otherwise making it available on the Service, and agrees that Choco is only acting as a passive conduit for online distribution and publication of the Customer Content. The Customer understands and agrees that it may be exposed to content posted by other customers and their users which may be inaccurate, inappropriate or unlawful. Choco takes no responsibility and assumes no liability for content provided by other customers and their users on the Service. 

3.5 Content Rules. The Customer shall only transmit information that is truthful, accurate, lawful and appropriate to the purpose of the Service. In particular, the following content is prohibited: (a) content that is not reasonably related to the ordering or execution of contracts between the Buyers and the Distributors (such as political or religious content); (b) content that is pornographic, obscene, indecent, shocking or unsuitable for a family audience, defamatory, offensive, violent, racist, or xenophobic; (c) unlawful content such as illegal hate speech, terrorist content, unlawful discriminatory content; (d) content that violates personal rights; (e) content that breaches a confidentiality ToS or discloses a trade secret without permission; (f) content that is false or misleading or promotes illegal, fraudulent or deceptive activities.

3.6 Removal. Choco is not obliged to monitor the Customer Content but reserves the right to do so at its own discretion. Choco may, without prior notice, remove or disable access to any Customer Content (i) if it violates this ToS including Choco policies made available to the Customer, (ii) upon request of the supervisory authorities or (iii) if it is likely to give rise to complaints by third parties or other Choco customers. Due account of the fundamental rights and freedoms and legitimate interests of all parties involved will be taken when making decisions about removal of the Customer Content. Choco will comply with any binding orders of courts and supervisory authorities to remove any illegal Customer Content from the Service.

3.7 Backup. Choco will use commercially reasonable efforts to ensure integrity and availability of the Customer Content. Notwithstanding the foregoing the Customer shall be solely responsible for the Customer Content and shall take back-ups on a regular basis and commensurately with the risk.

4. Our Proprietary Rights

4.1 Choco’s Intellectual Property. Except for the Customer Content, the Service and all materials therein including without limitation, software, images, graphics, illustrations, logos, photographs, audio, videos, music, and all intellectual property rights related thereto, are the exclusive property of Choco and its licensors. Choco and its licensors reserve all rights not expressly granted herein in the Service.  

4.2 Feedback. You may choose to, or we may invite you to, submit comments or ideas about the Service, including without limitation product testimonials and/or other feedback regarding potential improvements to the Service (collectively, "Feedback"). By submitting any Feedback, you agree that we are free to use the Feedback without any compensation, royalty, attribution or restriction based on intellectual property rights or otherwise, and/or to disclose the Feedback on a non-confidential basis to anyone, including for our own advertising and marketing purposes. You further acknowledge that, by acceptance of your submission, Choco does not waive any rights to use similar or related ideas previously known to Choco, or developed by its employees, or obtained from sources other than you. 

4.3 Customer Reference. Choco may use the Customer’s name and logo in its marketing materials, presentations and similar communications to refer to the Customer as a customer. The Customer may revoke this consent any time by giving prior written notice.

5. [reserved]

6. No Warranty

Unless specifically agreed otherwise between the Parties the use of the Service is free of charge and it is provided on an "as is" and "as available" basis. Use of the Service is at your own risk. To the maximum extent permitted by applicable law, the Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. No advice or information, whether oral or written, provided by Choco or through the Service will create any warranty not expressly stated herein. Without limiting the foregoing, Choco, its affiliates and licensors do not warrant that: (i) the Service will meet your requirements; (ii) the Service will be available at any particular time or location, uninterrupted or secure; (iii) any defects or errors will be corrected; or (iv) the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at your own risk. Further, Choco does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Service, including products offered by the Distributors, advertisers and Third-Party Service Providers or any content shared by other users. The disclaimers, exclusions, and limitations of warranty under this ToS will not apply to the Customer to the extent prohibited by applicable law.

7. Limitation of Liability 

To the maximum extent permitted by applicable law, in no event shall Choco, its affiliates, agents, directors, employees, subcontractors or licensors be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Service. To the maximum extent permitted by applicable law, Choco assumes no liability or responsibility for the Service including but not limited to errors, security breaches, service interruptions and third-party content. To the maximum extent permitted by applicable law, Choco’s total cumulative liability, including that of its affiliates, agents, directors, employees, subcontractors, and licensors, for any claims, proceedings, liabilities, obligations, damages, losses, or costs arising out of or in connection with the Service shall not exceed GBP 100.00 in the aggregate. This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Choco has been advised of the possibility of such damage.

8. Indemnification

8.1 Customer indemnification. The Customer agrees to defend, indemnify and hold harmless Choco and its affiliates, agents, licensors, subcontractors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) the Customer’s violation of any term of this ToS, including without limitation its breach of any of the representations and warranties; (ii) the Customer’s violation of any third-party right, including without limitation any right of privacy or intellectual property rights; (iii) the Customer’s violation of any applicable law, rule or regulation; (iv) the Customer Content; or (v) the Customer’s willful misconduct or gross negligence.

8.2 Choco indemnification. Choco will defend the Customer against third-party claims alleging that the Service, when used as permitted under this ToS and without modification, infringes a third-party’s intellectual property rights. In such cases, Choco may, at its sole discretion, (i) modify the infringing portion of the Service to make it non-infringing, or (ii) or replace the infringing portion of the Service with a non-infringing alternative, or (iii) terminate the Customer’s access to the Service. This indemnification does not apply to claims arising from (a) the Customer’s use of the Service in violation of this ToS, (b) the Customer content, data, or integrations, or (c) third-party software or services. This Section states Choco’s sole liability, and the Customer’s sole and exclusive right and remedy, for infringement of third-party intellectual property rights by the Service.

9. Term and Termination

9.1 Term. The ToS becomes effective upon your acceptance or your use of the Service, whichever is earlier, and runs for an indefinite period until terminated.

9.2 Termination. The Customer may terminate the ToS at any time with 7 days' notice by sending a corresponding message by e-mail to Choco at contact@choco.com. Choco may terminate the ToS without giving any reason and close the Customer’s account, subject to at least 14 days' notice. In addition, either party shall be entitled to terminate the ToS immediately if the other party has materially breached this ToS.

9.3 Consequences of termination. The termination shall result in the automatic deletion of the Customer account, including the accounts of its Users. After termination, Choco will have no obligation to continue storing the Customer Content and will delete the Customer Content in its systems upon Customer’s request or in line with its retention policy, whichever is earlier. Notwithstanding the foregoing, Choco will be entitled to retain the Customer Content if Choco is obliged to do so by law or to the extent that the Customer Content is required for accounting and documentation purposes or for the operation of the Cloud Service.

9.4 Closure of account. Choco also reserves the right to close and delete a User or Customer account that has remained inactive for a continuous period of six months. Deletion of Customer account shall result in the termination of the ToS with that Customer.  

10. Additional Terms for Mobile Applications

10.1 Mobile Applications. The Service is available in the form of a mobile application accessible via a mobile device. To use any mobile application, you must have a mobile device that is compatible with the mobile applications. Choco does not warrant that its mobile applications will be compatible with your mobile device. You may use mobile data in connection with the mobile applications and may incur additional charges for these services. You agree that you are solely responsible for any such charges. You acknowledge that Choco may from time-to-time issue upgraded versions of the mobile applications and may automatically upgrade the version of the Choco mobile application that you are using on your mobile device. You consent to such automatic upgrading on your mobile device and agree that the terms and conditions of this ToS will apply to all such upgrades. 

10.2 Mobile Applications from Apple App Store. The following applies to Choco’s mobile application you download from the Apple App Store ("App Store App"): You acknowledge and agree that this ToS is solely between you and Choco, not Apple, Inc. ("Apple") and that Apple has no responsibility for the App Store App or content thereof. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store App. In the event of any failure of the App Store App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store App to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store App other than refunding purchase price paid for the App Store App via App Store (if any), and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by this ToS and any law applicable to Choco as provider of the software. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the App Store App or your possession and/or use of the App Store App, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by this ToS and any law applicable to Choco as provider of the software. You acknowledge that, in the event of any third-party claim that the App Store App or your possession and use of that App Store App infringes that third party's intellectual property rights, Choco, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this ToS. You and Choco acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of this ToS as relates to your license of the App Store App, and that, upon your acceptance of the terms and conditions of this ToS, Apple will have the right (and will be deemed to have accepted the right) to enforce this ToS as relates to your license of the App Store App against you as a third-party beneficiary thereof.

10.3 Mobile Applications from Google Play Store. The following applies to Choco mobile application you download from the Google Play Store ("Google-Play App"): (i) you acknowledge that the ToS is between you and Choco only, and not with Google, Inc. ("Google"); (ii) your use of Google-Play App must comply with Google's then-current Google Play Store Terms of Service; (iii) Google is only a provider of the Google Play Store where you obtained the Google-Play App; (iv) Choco, and not Google, is solely responsible for its the Google-Play App; (v) Google has no obligation or liability to you with respect to the Google-Play App or the ToS; and (vi) you acknowledge and agree that Google is a third-party beneficiary to the ToS as it relates to Google-Play App.

11. General

11.1 Confidentiality. Each party undertakes to keep the documents, data and information of the other party which are either to be regarded as confidential due to the nature of the information or the circumstances of their disclosure or have been designated or marked as confidential by the disclosing party, such as business and/or trade secrets (the "Confidential Information") strictly confidential. The duty of confidentiality shall commence upon gaining knowledge of the Confidential Information and will continue for a period of five years. The recipient party may only disclose the Confidential Information of the disclosing party to its affiliates, employees, trainees, subcontractors or consultants on a need to know basis for the performance of this ToS, provided that they are bound by the confidentiality obligations at least as protective as those contained herein and where required by law. When requests are made by judicial or administrative authorities relating to the disclosure of the Confidential Information, the receiving party shall without undue delay notify the disclosing party thereof in writing, to the extent permitted by law. This confidentiality obligation does not extend to information that (ii) is generally known or becomes known to public through no fault of the receiving party, (iii) is independently developed by the receiving party itself without access to the Confidential Information of the disclosing party or (iv) was brought to the attention of or shared with the receiving party by a bona fide third party authorized to do so. 

11.2 Force majeure. Choco shall not be liable for any failure or delay in performing its obligations under this ToS to the extent such failure or delay is caused by events beyond its reasonable control, including but not limited to acts of God, natural disasters (such as fire, flood, or storm), war, terrorism, riot, civil commotion, malicious damage, strikes, lockouts, or other industrial disputes, failure of utility services or transportation or telecommunications networks. 

11.3 Assignment. This ToS, and any rights and licenses granted hereunder, may not be transferred or assigned by the Customer. Choco may assign the ToS and its rights and obligations thereunder without the Customer’s consent. Choco also remains free to subcontract any of its obligations to its subcontractors or affiliates, Choco will remain responsible for their acts and omissions.

11.4 Changes to the ToS. Choco may, in its sole discretion, modify or update this ToS from time to time. When Choco changes the ToS in a material manner, Choco will update the 'last modified' date at the top of this page. The Customer’s continued use of the Service after any such change constitutes its acceptance of the new version of the ToS. If you do not agree to the changes, do not use or access (or continue to access) the Service.

11.5 Entire ToS/Severability. This ToS includes the Local Addendum in the Annex 1 and any amendments and additional terms the Customer may enter into with Choco in connection with the Service. It shall constitute the entire agreement between the Customer and Choco concerning the Service. If any provision of this ToS is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this ToS, which shall remain in full force and effect. In the event of a conflict among the documents making up this ToS, the order of preference will be the applicable provisions of the Annex 1 (the Local Addendum) to ToS and main body of this ToS (i.e., Terms of Service).

11.6 No Waiver. No waiver of any term of this ToS shall be deemed a further or continuing waiver of such term or any other term, and either Parties’ failure to assert any right or provision under this ToS shall not constitute a waiver of such right or provision.

11.7 Headings. Headings or titles used in this ToS are for convenience and reference purposes only and shall not be considered in the interpretation or construction of any provision of this ToS.

11.8 Contact. Please contact us at legal@choco.com with any questions regarding this ToS.

11.9 Governing law. The ToS shall be governed by the laws of the country in which the Choco entity party to this ToS is located. Any disputes arising from or in connection with this ToS shall be subject to the exclusive jurisdiction of the competent courts in that country.

Annex 1 Local Addendum

US 

1. Use by the US Government 

If the Service is used on behalf of the United States Government, then the following provision applies. The Service will be deemed to be "commercial computer software" and "commercial computer software documentation," respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212, as applicable. Any use of the Service and any accompanying documentation by the U.S. Government will be governed solely by this ToS and is prohibited except to the extent expressly permitted by this ToS.

2. US export laws and embargo

2.1 Choco’s Service originate in the United States, and is subject to United States export laws and regulations. The Service may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the Service may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the Mobile Applications and the Service.

2.2 The Customer represents and warrants that (i) it is not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) its Users and representatives are not listed on any U.S. Government list of prohibited or restricted parties.

3. DMCA

3.1 Since we respect artist and content owner rights, it is our policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 ("DMCA"). If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify our copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing:

1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
2. Identification of the copyrighted work that you claim has been infringed;
3. Identification of the material that is claimed to be infringing and where it is located on the Service;
4. Information reasonably sufficient to permit Choco to contact you, such as your address, telephone number, and, e-mail address;
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
6. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
7. The above information must be submitted to the following DMCA Agent:

Attn: DMCA Notice Choco Legal Department

Address: Wrangelstraße 100, 10997 Berlin, Germany  

Email: legal@choco.com

3.2 Under federal law, if you knowingly misrepresent that online material is infringing, you may be subject to criminal prosecution for perjury and civil penalties, including monetary damages, court costs, and attorneys' fees.

3.3 Please note that this procedure is exclusively for notifying Choco and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with the rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.

3.4 In accordance with the DMCA and other applicable law, Choco has adopted a policy of terminating, in appropriate circumstances, Users who are deemed to be repeat infringers. Choco may also at its sole discretion limit access to the Service and/or terminate the User Accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

4. Governing Law, Arbitration, and Class Action/Jury Trial Waiver

4.1 Governing Law. You agree that: (i) the Service shall be deemed solely based in California; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than California. This ToS shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. The parties acknowledge that this ToS evidences a transaction involving interstate commerce. Notwithstanding the preceding sentences with respect to the substantive law, any arbitration conducted pursuant to the terms of this ToS shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of the federal and state courts located in Los Angeles County, California for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below, including any provisional relief required to prevent irreparable harm. You agree that Los Angeles County, California is the proper forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision below is found to be unenforceable.

4.2 Arbitration. Read this section carefully because it requires the parties to arbitrate their disputes and limits the manner in which you can seek relief from Choco. For any dispute with Choco, you agree to first contact us at and attempt to resolve the dispute with us informally. In the unlikely event that Choco has not been able to resolve a dispute it has with you after sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to this ToS, or the breach or alleged breach thereof (collectively, "Claims"), by binding arbitration by JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. JAMS may be contacted at www.jamsadr.com. The arbitration will be conducted in Los Angeles County, California, unless you and Choco agree otherwise. Each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules, and the award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys' fees and reasonable costs for expert and other witnesses. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing Choco from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, Intellectual Property Rights or other proprietary rights.

4.3 Class Action/Jury Trial Waiver. With respect to all persons and entities, regardless of whether they have obtained or used the Service for personal, commercial or other purposes, all Claims must be brought in the parties' individual capacity, and not as a plaintiff or class member in any purported class action, collective action, private attorney general action or other representative proceeding. This waiver applies to class arbitration, and, unless we agree otherwise, the arbitrator may not consolidate more than one person's Claims. You agree that, by entering into this ToS, you and Choco are each waiving the right to a trial by jury or to participate in a class action, collective action, private attorney general action, or other representative proceeding of any kind.

Welcome to choco.com/us, a website of Atlantic Food Waste Partners, LLC, a subsidiary of Choco Communications GmbH (“CHOCO”, “we”, “us” or “our”). Choco provides a mobile application and a webtool (the “App”) to the entities who are suppliers and buyers in the food industry (collectively, “Customers"). This Privacy Notice explains how we collect, use, disclose, and otherwise process Personal Information in connection with choco.com/us (together with any other website operated by Choco, the “Site”), App and other services and business operations (collectively, the “Services”). It does not address our privacy practices relating to employees and other personnel.

What is Personal Information?

When we use the term “Personal Information” in this Privacy Notice, we mean information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, to an individual. It does not include aggregated or de-identified information that is maintained in a form that is not reasonably capable of being associated with or linked to an individual.

Our Collection of Personal Information

We collect Personal Information about individuals when they visit our Site or create an online account on our App. Sometimes we collect Personal Information automatically when an individual interacts with our Services and sometimes we collect the Personal Information directly from an individual when they interact with us. At times, we may collect Personal Information about an individual from other users, customers, sources and third parties, even before our first direct interaction.

Personal Information Collected From Individuals

The Site

Personal Information Submitted by Site Visitors

We collect the following Personal Information submitted to us by visitors to our Site:
 

• Contact Information, including first name, last name, employer, title, account status, email address, mailing address, phone number and communication preferences.
• Inquiry Information, including information provided in custom messages sent through the forms or contact information provided on our Site.

Personal Information Collected Automatically

As is true of most digital platforms, we and our third-party providers may collect Personal Information from an individual’s device automatically when visiting or interacting with our Site, including:
 

• Log File Data, including internet protocol (IP) address, operating system, browser type, browser id, the URL entered and the referring page/campaign, date/time of visit, the time spent on our Site and any errors that may occur during the visit to our Site and general geographic location based on the log data we or our third-party providers collect.

The processing of this log data is essential to enable you to visit our Site, to ensure the constant functionality and security of our systems and to manage our Site in general.

• Cookie Data: including data about user’s preferences, the activity on our Site, such as the links and objects viewed, clicked or otherwise interacted with.

For information about our and our third-party partners’ use of cookies and related technologies to collect information automatically, and any choices individuals may have in relation to its collection, please refer to the Cookies and Online Ads section of this Privacy Notice below.

The App

Personal Information Submitted by App Users

We collect Personal Information from our users and prospective users in connection with the online user accounts and ongoing maintenance of the accounts, which includes:

• Online Account Information, including username and password.
• Contact Information, including first name, last name, title, employer, email address, mailing address, phone number and communication preferences
• Other Profile Information, including a photograph for the online account or other Personal Information shared through the account.
• Communication Information, including Personal Information provided when contacting us in connection with our Services, in relation to a survey, comment, question, request or inquiry, support requests and user interviews.
• Transaction Information and Messages: including transactions you carry out in our App, such as the date and time of the orders you place on behalf of a Customer and messages with other users.
• Camera and Contact list access, including images and contacts saved in your phone. While using the App you have the option of adding pictures and/or screenshots to simplify the ordering process. For that, you need to give Choco permission to access your camera. Only the pictures you upload to our App will be stored in our servers. You can also grant us permission to access the contact list on your phone to be able to add team members to your account. In that case, you’ll be able to select them directly from the contact list your phone. Neither of these permissions are mandatory to use the App. If you give permission, we will continue accessing your camera and contact list until you withdraw your permission. We do not store your images or contact lists on our servers. We only store the images you upload to the App and information (name and phone number) of your contacts who are already using Choco and the ones that you have invited to use Choco.

Personal Information Collected Automatically

• Device and Connection Data: When you visit our App, the App automatically collects certain information from your device, such as the operating system version, device type and manufacturer, access times, your IP address, your mobile carrier, configurations, browser type, information on Internet connection and including general location based on your IP address.
• Usage Data: We use first-party automated data collection tools, such as tracking pixels and similar tools, to collect information about how you interact with our App and communications/emails. This includes information like User ID, IP address, the pages you visit and the time spent on those pages, the features you use, your commands and other statistical information relating to your use of the App. 

Job Applicants

Personal Information Submitted by Applicants

We collect Personal Information obtained from your job application provided to us during the recruitment process through, inter alia, our Site, a recruiter, an internal employee referral or from publicly available sources (e.g., LinkedIn). We may also receive your Personal Information from our recruitment service providers. On our Site you have the opportunity to apply for open vacancies in our company.

Depending on the position you are applying for, we collect the following information:

• Application Data: your first and last name, your e-mail address, phone number, your CV, your cover letter, link to your LinkedIn profile, link to your website, your right to work in the country you applied for, salary expectations, fluency in the main language/s of the country you applied for, your preferences for starting work and your willingness to relocate, as well as other information depending on the position.

Personal Information From Third Parties

We also obtain Personal Information from third parties which we often combine with Personal Information we collect either automatically or directly from an individual.

We may receive the same categories of Personal Information as described above from the following third parties:

• Your Employer: in connection with your role as an employee or contractor of a company or other legal entity, we may obtain your information from such an entity.
• Restaurants and Suppliers: in connection with your role as an end user of a Restaurant or Supplier, we may receive your information from other Restaurants and/or Suppliers. For example, we may receive your information from another entity in conjunction with processing a purchase order, or responding to an inquiry.
• Social Media: When an individual interacts with our Services through various social media networks, such as when someone “Likes” us on Facebook or follows us or shares our content on Facebook, Twitter, LinkedIn, or other social networks, we may receive some information about individuals that they permit the social network to share with third parties. The data we receive is dependent upon an individual’s privacy settings with the social network. Individuals should always review and, if necessary, adjust their privacy settings on third-party websites and social media networks and services before sharing information and/or linking or connecting them to other services.
• Service Providers: Our service providers that perform services solely on our behalf, such as payment processors and analytics providers. For example, we receive Personal Information from our service providers that conduct marketing or analytics activities.
• Other Third Parties: From time to time, we may receive information about individuals from third parties. For example, we may obtain information from our marketing partners or from third parties to enhance or supplement our existing information about an individual. We may combine this information with the information we collect directly from individuals.
• Publicly Available Sources: We collect Personal Information about individuals that we do not otherwise have, such as contact information, employment-related information, and interest-in-services information, from publicly available sources. We may combine this information with the information we collect from an individual directly. We use this information to contact individuals, to send advertising or promotional materials or to better understand the demographics of the individuals with whom we interact.

Our Use of Personal Information

We use Personal Information we collect to:
 

• Fulfill or meet the reason for which the Personal Information was provided. For instance, if you contact us by email, we will use the Personal Information you provide to answer your question or resolve your problem;
• Manage our organization and its day-to-day operations;
• Process job applications;
• Communicate with individuals, send technical or legal notices, updates, security messages and to provide customer support;
• Request individuals to complete surveys about our service offerings;
• Market our Services to individuals, including through email, direct mail, phone or text message; and to organize sweepstakes, contests and promotional activities;
• Manage relationships with our Customers, such as for billing and account management;
• Administer our Services, including by recognizing an individual and remembering their information when they return to our Site;
• Host and maintain the Services;
• Prepare for and facilitate our events;
• Create and maintain accounts for our users; authenticate users when they log in;
• Process payment for accounts, deliveries, balances and related services;
• Identify and analyze how individuals use our Site and Services; conduct user research;
• Improve and customize our service offerings to address the needs and interests of our user base and other individuals we interact with;
• Test, enhance, update and monitor the Services, or diagnose or fix technology problems and security incidents;
• Help maintain the safety, security and integrity of our property and Services, technology assets and business;
• Evaluate, negotiate or conduct a merger, divesture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of CHOCO’s assets, whether as a going concern or as a part of bankruptcy, liquidation or similar proceeding, in which Personal Information held by CHOCO about consumers is among the assets transferred or is otherwise relevant to the evaluation, negotiation or conduct of the transaction;
• Defend, protect or enforce our rights or applicable contracts and agreements;
• Prevent, investigate or provide notice of fraud or unlawful or criminal activity; and
• Comply with legal obligations.

We may provide additional privacy disclosures where the scope of the inquiry/request and/or Personal Information we require fall outside the scope of this Privacy Notice. In that case, the additional privacy disclosures will govern how we may process the information provided at that time.

Providing functionalities of our App and associated services

We process Personal Information to provide services and functionalities of our App to our Customers as a service provider. In that case we only process Personal Information on their behalf to execute their instructions. For instance, we may process your Personal Information for delivering you a message from a Supplier or inviting you to use the App on behalf of a Supplier. For more information, please refer to the privacy policy of our Customers

Our Disclosure of Personal Information

We may disclose Personal Information in the following ways:

• Affiliates: We may share Personal Information with other companies owned or controlled by CHOCO, and other companies owned by or under common ownership as CHOCO, which also includes our subsidiaries (i.e., any organization we own or control) or our ultimate holding company (i.e., any organization that owns or controls us) and any subsidiaries it owns, particularly when we collaborate in providing the Services.
• Restaurants and Suppliers: We may disclose your information to end users of other Restaurants and/or Suppliers at your instruction, with whom you have freely decided to communicate and/or to place your orders via the Services.
• Service Providers: We share Personal Information with third parties who assist us in providing our customer services and facilitating our communications with individuals that submit inquiries. We engage third-party service providers that perform business or operational services for us or on our behalf, such as website hosting, infrastructure provisioning, IT services, analytics services, administrative services.
• Other Businesses As Needed To Provide Services: We may share Personal Information with third parties that an individual engages with through our Services or as needed to fulfill a request or transaction that an individual requested. including, for example, payment processing services.
• Other Third Parties: We work with advertising, analytics and social media partners as described in the Cookies and Online Ads section below.
• Business Transaction or Reorganization: We may take part in or be involved with a corporate business transaction, such as a merger, acquisition, joint venture, or financing or sale of company assets. We may disclose Personal Information to a third party during negotiation of, in connection with or as an asset in such a corporate business transaction. Personal Information may also be disclosed in the event of insolvency, bankruptcy or receivership.
• Legal Obligations and Rights: We may disclose Personal Information to third parties, such as legal advisors and law enforcement:
  • in connection with the establishment, exercise, or defense of legal claims;
  • to comply with laws or to respond to lawful requests and legal process;
  • to protect our rights and property and the rights and property of others, including to enforce our agreements and policies;
  • to detect, suppress, or prevent fraud;
  • to protect the health and safety of us and others; or
  • as otherwise required by applicable law.
• Otherwise With Consent or Direction: We may disclose Personal Information about an individual to certain other third parties or publicly with their consent or direction. For example, with an individual’s consent or direction we may post their testimonial on our Site or service-related publications.

Cookies and Online Ads

Cookies

What We Collect:

We, and our third-party partners, may automatically collect certain types of usage information when an individual visits our Site. We may collect this information through a variety of data collection technologies, including cookies, web beacons, embedded scripts, location-identifying technologies, file information, and similar technology (collectively, “cookies”). For example, we may collect information about an individual’s device and its software, such as IP address, browser type, Internet service provider, platform type, device type, operating system, date and time stamp, and other similar information. We may collect analytics data or use third-party analytics tools such as Google Analytics to help us measure traffic and usage trends for our Services.

How We Use That Information:

We may use the data collected through cookies for different purposes:

• Essential cookies: for enabling and supporting our security features, for keeping our Site stable, monitoring its effectiveness, preventing misuse and detecting malicious activity, diagnosing and fixing technical issues. This also includes cookies set for cookie consent management. Without these tools, we could not provide our Site.
• Preference cookies: for remembering information so that an individual will not have to re-enter it during their visit to our Site and also to provide features, insights and customized content.
• Analytics cookies: to understand and research how our visitors interact with our Site, to aggregate metrics such as total number of visitors, traffic, usage, and demographic patterns on our Site; to update and improve our Site.
• Marketing cookies: to evaluate the effectiveness of our marketing campaigns, to show you personalized advertisements based on your interests. These cookies may be placed on our Site by third parties to understand your browsing activities, including across unaffiliated third-party sites, to show you relevant advertisements on other sites you visit. See section “Online Advertising on our Site” for more information.

Online Ads

Online Advertising on our Site:

We participate in interest-based advertising and use third-party advertising companies to serve targeted advertisements based on an individual’s browsing history. We permit third-party online advertising networks, social media companies and other third-party services, to collect information about an individual’s use of our Site over time so that they may play or display ads on other websites, or services an individual may use, and on other devices an individual may use. Typically, though not always, the information used for interest-based advertising is collected through cookies, which recognize the device an individual is using and collect information, including click stream information, browser type, time and date the individual visited the website, AdID, precise geolocation and other information. We may share a common account identifier (such as a hashed email address or user ID) with our third-party advertising partners to help identify an individual across devices. We and our third-party partners use this information to make the advertisements an individual sees online more relevant to their interests, as well as to provide advertising- related services such as reporting, attribution, analytics and market research. You may opt out of these advertising cookies by accessing the cookie settings on the bottom left of our Site or by contacting us. You can also set your browser to refuse all or some browser cookies, or to alert you when websites set or access cookies. If you disable or refuse cookies, please note that some parts of this website may become inaccessible or not function properly.

Third-Party Partners:

We use Google Analytics to recognize an individual and link the devices they use when they visit our Site on their browser or mobile device, log in to their account on our Services, or otherwise engage with us. We share a unique identifier, like a user ID or hashed email address, with Google to facilitate the Services. Google Analytics allows us to better understand how our users interact with our Services. For information on how Google Analytics collects and processes data, as well as how individuals can control information sent to Google, review Google’s site “How Google uses data when you use our partners’ sites or apps” located at www.google.com/policies/privacy/partners/. Individuals can learn about Google Analytics’ currently available opt-outs, including the Google Analytics Browser Ad-On here https://tools.google.com/dlpage/gaoptout/.

We may also utilize certain forms of display advertising and other advanced features through Google Analytics, such as Remarketing with Google Analytics, Google Display Network Impression Reporting, the DoubleClick Campaign Manager Integration, and Google Analytics Demographics and Interest Reporting. These features enable us to use first-party cookies (such as the Google Analytics cookie) and third-party cookies (such as the DoubleClick advertising cookie) or other third-party cookies together to inform, optimize, and display ads based on past visits to the Service. Individuals may control their advertising preferences or opt-out of certain Google advertising products by visiting the Google Ads Preferences Manager, currently available at https://google.com/ads/preferences, or by visiting NAI’s online resources at http://www.networkadvertising.org/choices.

Social Media:

Our Site and social media accounts may include social media features, such as the Facebook Like button or other widgets. These social media companies may recognize an individual and collect information about their visit to our Site, and they may set a cookie or employ other data collection technologies. An individual’s interactions with those features are governed by the privacy policies of those companies.

We display targeted advertising to individuals through social media platforms, such as Linkedin, Meta and other social media forums. These companies have interest-based advertising programs that allow us to direct advertisements to users who have shown interest in our Services while those users are on the social media platform, or to groups of other users who share similar traits, such as likely commercial interests and demographics. We may share a unique identifier, such as a user ID or hashed email address, with these platform providers or they may collect information from our Site visitors through a first-party pixel, in order to direct targeted advertising to an individual or to a custom audience on the social media platform. These advertisements are governed by the privacy policies of those social media companies that provide them.

Opting Out of Targeted Ads on Social Networks:

If an individual does not want to receive targeted ads on their social networks, they may be able to adjust their advertising preferences through their settings on those networks. An individual may learn more about advertising preferences by clicking on the links provided below. Please note that these links are provided for convenience only and we do not control the content or features that may be available on these third-party services.

- Meta: To learn more about advertising preferences on Facebook Companies, please visit: https://www.facebook.com/help/109378269482053.

Opt-Out: https://www.facebook.com/settings?tab=ads and http://www.youronlinechoices.com.

Opt-Out: https://help.instagram.com/1896641480634370

- Google/ YouTube

Privacy Policy: https://policies.google.com/privacy

Opt-Out: https://www.google.com/settings/ads.

-Twitter

Privacy Policy: https://twitter.com/en/privacy

Opt-Out: https://twitter.com/personalization.

-LinkedIn : Operating the LinkedIn company page under joint controllership on the basis of a Joint Controller Agreement (so-called Page Insights Joint Controller Addendum)

Information on the processed site insights data and the contact options in the event of requests for data protection: https://legal.linkedin.com/pages-joint-controller-addendum

-Privacy Policy: https://www.linkedin.com/legal/privacy-policy

-Opt-Out: https://www.linkedin.com/psettings/guest-controls/retargeting-opt-out.

Children’s Personal Information

Our Site and Services are not directed to, and we do not intend to, or knowingly, collect or solicit Personal Information from children under the age of 13. If an individual is under the age of 13, they should not use our Site or Services or otherwise provide us with any Personal Information either directly or by other means. If a child under the age of 13 has provided Personal Information to us, we encourage the child’s parent or guardian to contact us via legal@choco.com to request that we remove the Personal Information from our systems. If we learn that any Personal Information we collect has been provided by a child under the age of 13, we will promptly delete that Personal Information.
 

Links to Third-Party Websites or Services

Our Site and Services may include links to third-party websites, plug-ins and applications. Except where we post, link to or expressly adopt or refer to this Privacy Notice, this Privacy Notice does not apply to, and we are not responsible for, any Personal Information practices of third-party websites and online services or the practices of other third parties. To learn about the Personal Information practices of third parties, please visit their respective privacy notices.

Region-Specific Disclosures

We may choose or be required by law to provide different or additional disclosures relating to the processing of Personal Information about residents of certain countries, regions or states. Please refer below for disclosures that may be applicable to you:

• For residents of the State of Nevada, Chapter 603A of the Nevada Revised Statutes permits a Nevada resident to opt out of future sales of certain covered information that a website operator has collected or will collect about the resident. We do not currently sell covered information based on such statute.
• For residents of the State of California, please see below for additional California-specific privacy disclosures in the Annex-1

Updates to this Privacy Notice

We will update this Privacy Notice from time to time. When we make changes to this Privacy Notice, we will change the date at the beginning of this Privacy Notice. If we make material changes to this Privacy Notice, we will notify individuals by email to their registered email address, by prominent posting on this Site or our online Services, or through other appropriate communication channels. All changes shall be effective from the date of publication unless otherwise provided.

Contact Us

For any questions or requests in connection with this Privacy Notice or other privacy-related matters, please send an email to legal@choco.com

Alternatively, inquiries may be addressed to:

Choco Communications GmbH

Attn: Legal Department

Wrangelstraße 100

10997 Berlin Germany

ANNEX 1 - CALIFORNIA SPECIFIC PRIVACY NOTICE

This California Privacy Notice (the "CA Notice") applies to information that Atlantic Food Waste Partners, LLC, a subsidiary of Choco Communications GmbH, and their respective subsidiaries and affiliates ("CHOCO", "we", "us", or "our") collect in connection with their websites, mobile applications, products and services (collectively, the " Services"). This CA Notice supplements the information contained in our Privacy Notice and applies solely to individual residents of the State of California ("consumers" or "you").

This CA Notice provides additional information about the categories of personal information we collect about California residents and the rights granted to them under the California Consumer Privacy Act of 2018 (" CCPA").

Unless otherwise expressly stated, all terms in this CA Notice have the same meaning as defined in our Privacy Notice or as otherwise defined in the CCPA.

2. PERSONAL INFORMATION DISCLOSURES

When we use the term " Personal Information" in this CA Notice, we mean information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household.

For the purposes of this CA Notice, Personal Information does not include:

• Publicly available information from government records.
• Deidentified, aggregated or anonymized information that is maintained in a form that is not capable of being associated with or linked to you.
• Information excluded from the CCPA's scope, such as:
  • Health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data;
  • Information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach- Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver's Privacy Protection Act of 1994.

Categories of Personal Information Collected

In the last 12 months, we have collected the following categories of Personal Information established under the CCPA:

• Identifiers, such as your name, mailing address, email address, IP address, or other similar identifiers.
• California Customer Records (Cal. Civ. Code § 1798.80(e)), such as username and password, phone number, company name, job title, business email address, and department
• Internet/Network Information, such as your browsing history, log and analytics data, information about the device(s) used to access the Services, domain server, search history and information regarding your interaction with our websites or Services and other usage Data.
• Location Data, including general geographic location based on the log data we or our third-party providers collect
• Sensory Information, such as pictures you provide or upload in connection with our Services, and the content and audio recordings of phone calls between you and us that we record where permitted by law.
• Profession/Employment Information, such as current employer, your first and last name, your e-mail address, phone number, your CV, your cover letter, link to your LinkedIn profile, link to your website, your right to work in the country you applied for, salary expectations, fluency in the main language/s of the country you applied for, your preferences for starting work and your willingness to relocate, as well as other information depending on the position.
• Other Personal Information, such as Personal Information you provide to us in relation to a survey, comment, question, request or inquiry, or information you provide in conversations via the message service.
• Transaction Information and Messages: including transactions you carry out in our App, such as the date and time of the orders you place on behalf of a Customer and messages with other users.
• Camera and Contact list access, including images and contacts saved in your phone. While using the App you have the option of adding pictures and/or screenshots to simplify the ordering process. For that, you need to give Choco permission to access your camera. Only the pictures you upload to our App will be stored in our servers. You can also grant us permission to access the contact list on your phone to be able to add team members to your account. In that case, you’ll be able to select them directly from the contact list on your phone. Neither of these permissions are mandatory to use the App. If you give permission, we will continue accessing your camera and contact list until you withdraw your permission. We do not store your images or contact lists on our servers. We only store the images you upload to the App and information (name and phone number) of your contacts who are already using Choco and the ones that you have invited to use Choco.

3. SOURCES OF PERSONAL INFORMATION

Please see the “Our Collection of Personal Information” Section of our Privacy Notice to see the sources of the Personal Information we collect.

4. OUR USE OF PERSONAL INFORMATION

Please see the “Our Use of Personal Information” Section of our Privacy Notice to see how we use Personal Information.

5. CATEGORIES OF RECIPIENTS OF PERSONAL INFORMATION

For each category of Personal Information listed above, we disclose this Personal Information as described in the “Our Disclosure of Information“ and “Cookies and Online Ads” sections of our Privacy Notice.
 

6. RETENTION PERIOD

We will only keep your Personal Information for as long as necessary to fulfil the purposes for which we collected it in the first place, including for the purposes of satisfying any legal, accounting, or reporting requirements.

To determine the appropriate retention period for Personal Information, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements. 
 

7. YOUR CALIFORNIA PRIVACY RIGHTS

As a California resident, you may be able to exercise the following rights in relation to the Personal Information about you that we have collected (subject to certain limitations at law):

The Right to Know: You have the right to request any or all of the following information relating to your Personal Information we have collected and disclosed in the last 12 months, upon verification of your identity:

- The specific pieces of Personal Information we have collected about you;

- The categories of Personal Information we have collected about you;

- The categories of sources of the Personal Information;

- The categories of Personal Information that we have disclosed to third parties for a business purpose, and the categories of recipients to whom this information was disclosed;

- The categories of Personal Information we have sold, if any, and the categories of third parties to whom the information was sold (if applicable); and

- The business or commercial purposes for collecting or selling (if applicable) the Personal Information.

The Right to Request Deletion: You have the right to request the deletion of Personal Information we have collected from you, subject to certain exceptions.

The Right to Request to Correct: You have the right to correct any inaccurate Personal Information we have collected from you, subject to certain exceptions.

The Right to Opt Out of Personal Information Sales or Sharing: Although we do not “sell” or “share” Personal Information in the traditional sense, under the CCPA some of our disclosures may be considered a “sale” or “sharing” of Personal Information. You have the right to direct us not to “sell” or “share” Personal Information we have collected about you to third parties now or in the future. If you are under the age of 16, you have the right to opt in, or to have a parent or guardian opt in on your behalf, to such sales or sharing. We do not knowingly “sell” or “share” the Personal Information of individuals under 16 years of age.The Right to Non-Discrimination: You have the right not to receive discriminatory treatment for exercising these rights. However, please note that if the exercise of these rights limits our ability to process Personal Information (such as in the case of a deletion request), we may no longer be able to provide you our products and Services or engage with you in the same manner. "Shine the Light": California residents that have an established business relationship with us have rights to know how their information is disclosed to third parties for their direct marketing purposes during the immediately preceding calendar year under California's "Shine the Light" law (Civ. Code § 1798.83).

8. HOW TO EXERCISE YOUR CALIFORNIA CONSUMER RIGHTS

To exercise your rights, please submit a request by:

• Emailing legal@choco.com with the subject line "California Rights Request", or
• Filling out our California Resident Rights Request Form.

We will need to verify your identity before processing your request. In order to verify your identity, we will generally require either the successful login to your account (if applicable) or the matching of sufficient information you provide us to the information we maintain about you in our systems. Although we try to limit the Personal Information collected in connection with a request to exercise your rights, certain requests may require us to obtain additional Personal Information from you. In certain circumstances, we may decline a request to exercise the right to know, right to correct and/or right to deletion, particularly where we are unable to verify your identity or locate your information in our systems, or as permitted by law.

To Exercise Your Right to Opt Out of Personal Information Sales and Sharing

Cookies placed on our Site for interest-based advertising and analytics may be considered as “sale” or “sharing” under CCPA. Please see the Cookies and Online Ads section in the US Privacy Notice for more information about how we and third parties use cookies and related technologies to collect information automatically on our Site and other online services.

To exercise your right to opt out of Personal Information Sales and Sharing, you may change your preferences by accessing the cookie settings on the bottom left of our Site or by contacting us.

You may also set your browser to refuse all or some browser cookies or enable a browser-based universal opt-out mechanism such as the Global Privacy Control. If you disable or refuse cookies, please note that some parts of this website may become inaccessible or not function properly.
 

9.NOTICE OF LOYALTY PROGRAM

From time to time, we may offer promotions, like rewards for signing up for our Services or giving discounts for the first order you place on behalf of the entity you’re representing on our Services. Although these rewards are offered to business entities as our potential or existing customers, Under the CCPA these programs may be deemed a “financial incentive” program. While we do not assign a monetary value to the Personal Information we collect from you in the promotions in exchange for the rewards/discounts offered, we do receive value in the form of customer loyalty and increased engagement with our Services. In determining the value to CHOCO, we consider the revenue generated from activities related to the collection and retention of your Personal Information less expenses related to providing the promotions. This value will vary depending on the orders made, the types of promotions, the value of the business deal, and many other factors. If you participate, we may collect the following categories of Personal Information: your name, phone number, and email address, as well as the customer entity you’re representing when using our Services. Participation in the promotions is optional and those who opted-in may withdraw their consent by contacting us at legal@choco.com.

10. UPDATES TO THIS CA NOTICE

We will update this CA Notice from time to time. When we make changes to this CA Notice, we will change the "Effective Date" at the beginning of this CA Notice. All changes shall be effective from the date of publication unless otherwise provided in the notification. Your continued use of the Services after any changes have been posted, means that you agree to all such changes.

11. CONTACT US

If you have any questions or requests in connection with this CA Notice or other privacy-related matters, please send an email to legal@choco.com

Alternatively, inquiries may be addressed to: Choco Communications GmbH

Attn: Legal Department

Wrangelstraße 100

10997 Berlin

Germany