Terms | Conditions | Privacy

1. Introduction.

The terms and conditions stated in these Terms of Service (the “Terms”) govern your (sometimes referred to herein as “you” or “Customer”) participation as the purchaser of culinary services and in-home prepared food services (the “Food Services”) on the marketplace (the “Marketplace”) developed and maintained by Food Fire + Knives, LLC (“Company,” “we,” “us,” or “our”), as made available through the Company web site www.FoodFireKnives.com (the “Website”) or any mobile or other application of Company, any and all of such applications shall be referred to collectively with the Website herein as the “Application”. Company is willing to provide you with access to the Marketplace and the Application only if you accept and agree to all of the terms and conditions stated in these Terms, as well as the terms and conditions in the Company privacy policy (the “Privacy Policy”), each of which are incorporated into these Terms by this reference as if fully set forth herein. These Terms will take effect as soon as you begin to use the Application.

These Terms are not applicable to the chefs providing the Food Services offered for sale on the Marketplace (the “Chefs”). The separate Vendor Terms and Conditions are applicable to Chefs, and not to you or other customers.

THESE TERMS CONTAIN ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING OR JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION. ARBITRATION IN ACCORDANCE WITH THE PROCEDURES DESCRIBED IN THESE TERMS IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES ARISING UNDER, OR RELATED TO, THESE TERMS UNLESS SPECIFIED BELOW OR IF YOU OPT-OUT IN ACCORDANCE WITH THE TERMS AND CONDITIONS CONTAINED WITHIN THESE TERMS. PLEASE CAREFULLY REVIEW THE DISPUTE RESOLUTION SECTION BELOW.

2. The Marketplace.

The Company’s Marketplace enables Chefs to sell Food Services to Customers. The Marketplace and Application include certain features and functionalities to facilitate Chefs’ sales of Food Services to Customers, which features may include, without limitation, Food Service listings, search functions, Chef biographies, Customer reviews, order-taking functions, payment processing mechanisms, delivery system interfaces, and other features, at the sole discretion of Company.

As between Company and you, Company’s role is solely (a) to facilitate the availability of the Marketplace for Chefs and Customers, and (b) to facilitate payment for Food Services.
CHEFS ARE RESPONSIBLE IN FULL FOR THE QUALITY, CONDITION, AND SUITABILITY OF ANY AND ALL FOOD SERVICES PURCHASED THROUGH THE MARKETPLACE. COMPANY CANNOT AND DOES NOT CONTROL THE PREPARATION OF ANY FOOD SERVICES, THE INGREDIENTS USED, THE CONDITION, LEGALITY, OR SUITABILITY OF ANY FOOD SERVICES OR THE KITCHENS IN WHICH THEY ARE PREPARED. FOOD SERVICES MAY BE PREPARED IN KITCHENS THAT ARE NOT SUBJECT TO REGULATION OR INSPECTION BY ANY FEDERAL, STATE, OR LOCAL GOVERNMENT AUTHORITIES. COMPANY IS NOT RESPONSIBLE FOR AND DISCLAIMS ALL LIABILITY RELATED TO ANY FOOD SERVICES OFFERED FOR SALE THROUGH THE MARKETPLACE. ACCORDINGLY, ANY PURCHASE AND CONSUMPTION OF FOOD SERVICES BY YOU ARE MADE AT YOUR OWN RISK.

3. Customer Account Setup.

To be a Customer of the Marketplace, you must be at least age 18 (or the age of majority in your jurisdiction) and set up a Company account (“Account”) by either (a) submitting an application through a sign-in service such as Facebook, or (b) submitting your contact information, email address, and password directly on the Application (a submission under either (a) or (b) is referred to herein as a “Submission”).

A valid Submission must include your legal name, delivery address, billing address, e-mail address, and any other information requested by Company. You have an ongoing responsibility to update any information provided to Company in the Submission to ensure that Company’s file associated with your Account remains current. Company reserves the right to deny you an Account—or to deny access to, lock, or delete your Account at any time—at Company’s sole discretion, with or without cause. Access to your Account allows you to view your past purchases, modify your preferences, and ensure permissible use of the Company Application.

If you provide any false, inaccurate, untrue, or incomplete information in your Submission, we may immediately terminate your access to the Marketplace, the Application, and/or your Account. You are solely responsible for all activities that occur under your Account. It is your responsibility to keep the confidentiality of any username(s) and password(s) associated with your Account. If you become aware of any unauthorized use of your Account, you must notify Company immediately by writing to Contact@FoodFireKnives.com. Company will not be liable for any loss or damage arising from the unauthorized access to or use of your Account. Upon termination of these Terms between you and Company for any reason, Company will disable and/or delete your Account.

Company’s use and disclosure of any information contained in a Submission is in accordance with the Privacy Policy.

4. Food Service Purchases; Cancellations and Refunds; Arrival.

(a) Food Services Purchases. You agree to pay the stated price for the Food Services that you order through the Marketplace, plus any applicable taxes and fees.

(b) Cancellations and RefundsAll sales will follow the cancellation policy listed on the Website in both the FAQ Section and on the checkout page when purchasing Food Services. If something unexpected happens in the course of fulfilling your order for Food Services, we reserve the right to cancel your order for any reason. If we cancel your order prior to the provision of Food Services, we will refund any payment made. You may cancel an order for Food Services and receive a refund up to one week prior to the scheduled date for Food Services. Please note, any refunds do NOT include the processing fee. In the event that you cancel an order with less than one week before the scheduled date for Food Services, you will not receive a refund. If you would like to request a cancellation of an order you have made through the Marketplace, please message us in our chat feature, e-mail us at Contact@FoodFireKnives.com, or call us at 843-405-3050.

(c) Arrival. The Chef is responsible for arriving at the time agreed upon between you and the Chef. Company has no responsibility for Chef arriving at the agreed-upon time. If Chef is unable to provide the Food Services on the scheduled date in the order, Company will cancel your order and issue you a credit or refund the charges paid for that order. If a Chef arrives late, you agree that you will still accept the order and release Company from any loss or damages that you encounter as a result of early or late arrival.

5. Food Allergies.

YOU ARE SOLELY RESPONSIBLE FOR KNOWING ABOUT ANY FOOD ALLERGIES APPLICABLE TO ANY PERSONS RECEIVING THE FOOD SERVICES THAT YOU ORDER, AND FOR VERIFYING THE CONTENT OF THE FOOD SERVICES AND THEIR INGREDIENTS, AND THE WAY IN WHICH THE FOOD SERVICES ARE PREPARED BEFORE HANDLING, USING OR CONSUMING SUCH FOOD SERVICES. FURTHER, YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT A CHEF MAY STORE AND USE INGREDIENTS CONTAINING ALL EIGHT (8) MAJOR U.S. ALLERGENS (MILK, WHEAT, EGG, SOY, FISH, SHELLFISH, PEANUTS AND TREENUTS) AND CANNOT GUARANTEE THAT CROSS-CONTAMINATION WILL NOT OCCUR BETWEEN ANY INGREDIENTS OR PRODUCTS USED IN THE PROVISION OF FOOD SERVICES.

COMPANY IS NOT RESPONSIBLE OR LIABLE FOR ANY ILLNESS OR OTHER RESULTS OR DAMAGE CAUSED BY THE CONSUMPTION OF ANY FOOD SERVICES ORDERED USING THE MARKETPLACE, INCLUDING, WITHOUT LIMITATION, ANY DEATH, BODILY INJURY, OR HEALTH PROBLEMS, OR ANY OTHER NEGATIVE EXPERIENCE WITH ANY CHEF-PROVIDED FOOD SERVICE ORDERED THROUGH THE MARKETPLACE. TO THE EXTENT ALLOWED UNDER APPLICABLE LAW, COMPANY EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH THE FOREGOING.

6. Release Of Liability And Hold Harmless.

To the extent permitted under applicable laws, you expressly absolve and release Company and its affiliates, members, managers, employees, agents, and other representatives from any liability or claim of harm related to or resulting from (a) any incorrect or inaccurate information about any Food Service posted on the Application, whether caused by our error or by any of the equipment or programming associated with or utilized in the Application; (b) any injury, loss, or damages caused by a Chef, any other Customer, any Food Services, or Food Services information posted on or in connection with the Application, whether online or offline; (c) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, the Application; or (d) any interruption of, disruption of, or failure to provide Food Services due to acts beyond the control of Chef or Company including without limitation severe weather, earthquakes or other natural disasters, strikes or other labor problems, wars, or governmental or regulatory restrictions or actions.

7. Relationship with Chefs.

You understand, acknowledge and agree that Company does not employ any of the Chefs, and Company is not responsible for the conduct, whether on the Marketplace, Application or elsewhere including any place where Food Services are undertaken, of any Chef. You understand, acknowledge and agree that besides access to the Marketplace, Company does not provide Chefs with any materials or equipment for provision of Food Services, and that Chef uses his/her own equipment, materials and ingredients for the provision of Food Services.

8. Changes To These Terms.

Company reserves the right to make any changes to these Terms at any time with or without advance notice to you. In the event that any changes to these Terms are made, Company will post the updated Terms on the Application. Any updated Terms are effective immediately on the date that such Terms are posted. It is your responsibility to review the Application periodically to learn of any revisions to these Terms. Your continued use of and participation in the Marketplace after the posting of any such updated Terms will constitute your acknowledgment and acceptance of the terms and conditions of the updated Terms.

9. Additional Disclaimers.

COMPANY DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE QUALITY OF THE FOOD SERVICES PROVIDED BY THE CHEFS. WE ATTEMPT TO DISPLAY THE PRODUCTS AND OTHER MATERIALS AND INFORMATION YOU VIEW ON THE APPLICATION, INCLUDING PRICING AND NUTRITIONAL AND INGREDIENT INFORMATION, AS ACCURATELY AND RELIABLY AS POSSIBLE. HOWEVER, WE DO NOT GUARANTEE THE ACCURACY OR RELIABILITY OF ANY SUCH MATERIALS AND INFORMATION. IN THE EVENT OF AN ERROR ON OUR SITE, IN AN ORDER CONFIRMATION FOR FOOD SERVICES, IN PROCESSING OR DELIVERING AN ORDER OR OTHERWISE, WE RESERVE THE RIGHT TO CORRECT SUCH ERROR AND REVISE YOUR ORDER ACCORDINGLY (INCLUDING CHARGING THE CORRECT PRICE), OR TO CANCEL YOUR ORDER AND ISSUE YOU A REFUND. YOU FURTHER AGREE THAT THE PRODUCTS, INGREDIENTS, AND OTHER MATERIALS YOU RECEIVE IN YOUR ORDER FOR FOOD SERVICES MAY VARY FROM THE PRODUCTS AND MATERIALS DISPLAYED ON THE APPLICATION DUE TO A NUMBER OF FACTORS, INCLUDING, WITHOUT LIMITATION, SYSTEM CAPABILITIES AND CONSTRAINTS OF YOUR COMPUTER, MANUFACTURING PROCESS OR SUPPLY ISSUES, THE AVAILABILITY AND VARIABILITY OF PRODUCTS, DISTINCT COOKING OR OTHER PREPARATION METHODS AND VARIABILITY OF COOKING EQUIPMENT AND APPLIANCES. THE APPLICATION MAY CONTAIN INFORMATION ABOUT PRODUCTS OR INGREDIENTS THAT ARE NOT AVAILABLE IN EVERY LOCATION. A REFERENCE TO A PRODUCT OR INGREDIENT ON THE APPLICATION DOES NOT IMPLY OR GUARANTEE THAT PRODUCT OR INGREDIENT IS OR WILL BE AVAILABLE IN YOUR LOCATION OR AT THE TIME OF YOUR ORDER OR AT THE TIME OF THE PROVISION OF FOOD SERVICES.

THE MARKETPLACE AND APPLICATION ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. COMPANY MAY MAKE MODIFICATIONS AND/OR CHANGES TO THE MARKETPLACE AND/OR APPLICATION AT ANY TIME AND FOR ANY REASON. YOU ASSUME THE SOLE RISK OF MAKING USE OF AND/OR RELYING ON THE MARKETPLACE AND/OR APPLICATION. NEITHER COMPANY NOR ITS AFFILIATES, MEMBERS, MANAGERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES MAKES ANY REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY, OR ACCURACY OF THE MARKETPLACE OR APPLICATION FOR ANY PURPOSE, AND EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OR ANY OTHER IMPLIED WARRANTY. NEITHER COMPANY NOR ITS AFFILIATES, MEMBERS, MANAGERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES MAKES ANY REPRESENTATION OR WARRANTY THAT THE MARKETPLACE OR APPLICATION WILL OPERATE ERROR FREE OR IN AN UNINTERRUPTED FASHION. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES. ACCORDINGLY, ONLY THE DISCLAIMERS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU, AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

10. Limitation of Liability.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER COMPANY NOR ITS AFFILIATES, MEMBERS, MANAGERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES SHALL BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS LIMITATION OF LIABILITY SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS; ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF: (I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF THE APPLICATION OR THE MARKETPLACE; (II) ANY CHANGES WHICH COMPANY MAY MAKE TO THE APPLICATION OR THE MARKETPLACE, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE APPLICATION OR THE MARKETPLACE (OR ANY FEATURES WITHIN THEM); (III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE APPLICATION OR MARKETPLACE; (IV) YOUR FAILURE TO PROVIDE COMPANY WITH ACCURATE ACCOUNT INFORMATION; OR (V) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL. THE LIMITATIONS ON COMPANY’S LIABILITY TO YOU IN THIS SUBSECTION SHALL APPLY WHETHER OR NOT COMPANY HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSS. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. NOTWITHSTANDING THE FOREGOING, TOTAL LIABILITY OF COMPANY FOR ANY REASON WHATSOEVER RELATED TO USE OF THE MARKETPLACE OR APPLICATION SHALL NOT EXCEED THE TOTAL AMOUNT PAID FOR FOOD SERVICES IN CONNECTION WITH THE SUBJECT MATTER OF THE PARTICULAR DISPUTE.

11. Term And Termination.

These Terms shall remain in effect between you and Company for as long as you participate in the Marketplace or use the Application, unless otherwise terminated in accordance with these Terms. Company may temporarily or permanently stop providing you with access to Marketplace or Application or terminate these Terms, at any time if (a) you have breached any provision, term, or condition of these Terms; (b) Company is required to do so by law; (c) Company believes, in its sole discretion, that your access to and use of the Marketplace or Application has been based on fraud or fraudulent or deceptive conduct; (d) the provision of the Marketplace to you or others by Company is, in Company’s sole discretion, no longer commercially viable; (e) Company is no longer providing the Marketplace to customers in the jurisdiction in which you reside or from which you use the Marketplace or Application; (f) Company has determined in its sole discretion that you have misused or misappropriated content from the Marketplace or Application, including but not limited to use on a “mirrored,” competitive, or third-party website; or (g) for any other reason. Termination under this Section 11 is effective without notice. In addition to the above, Company may disable access to your Account or otherwise prevent you from accessing the Marketplace or Application. All provisions of these Terms which by their nature should survive, will survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.

12. Governing Law.

These Terms, including any issue or dispute arising out of or otherwise related to these Terms or you use of the Marketplace or Application (collectively, “Disputes”), shall be governed by and construed in accordance with the laws of the State of South Carolina, without regard to principles of conflicts or choice of law of the State of South Carolina.

13. Dispute Resolution.

(a) Pre-Arbitration Dispute Resolution.  If a Dispute arises under these Terms, you agree to first contact the Company with a written description of the Dispute, all documents and information relevant to the Dispute, and a proposed resolution of the Dispute. You agree to contact Company with any Dispute by writing to us at Contact@FoodFireKnives.com. Company will contact you by letter or email to your address that we have on file for you in an attempt to resolve the Dispute.

(b) Arbitration Procedures. If any Dispute cannot be resolved under the procedures described in Section 13(a), you agree that any and all Disputes shall be submitted to final and binding arbitration before a single arbitrator of the American Arbitration Association (“AAA”) in a mutually agreed location. Either you or Company may commence the arbitration process by submitting a written demand for arbitration with the AAA, and providing a copy to the other party. The arbitration will be conducted in accordance with the provisions of the AAA’s Commercial Dispute Resolution Procedures in effect at the time of submission of the demand for arbitration. We will pay all of the filing costs, including arbitrator fees. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing, the following shall not be subject to arbitration and may be adjudicated only in the state and federal courts of South Carolina: any dispute, controversy, or claim related to or contesting the validity of our proprietary rights, including without limitation, trademarks, service marks, copyrights, patents, trade secrets, or any other intellectual property rights. 


(c) Prohibition of Class and Representative Actions and Non-Individualized Relief. YOU AND COMPANY AGREE THAT EACH YOU AND COMPANY MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ARBITRATION, ACTION OR PROCEEDING. UNLESS BOTH YOU AND COMPANY EXPRESSLY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AGAINST COMPANY AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER CUSTOMERS OR USERS OF THE MARKETPLACE. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

(d) Opt-Out. You shall have thirty (30) days from the date you first submit your contact information to establish an Account to opt-out of the arbitration provisions set forth in this Section 13. To opt out, you must contact us in writing at Contact@FoodFireKnives.com and set forth in writing your intent to opt out of the arbitration procedures in Section 13 of these Terms. No opt out shall be valid in the event that you fail to adhere to the terms and conditions for opting out as set forth in this Section 13(d).

14. Miscellaneous.

These Terms, including the Privacy Policy which is incorporated herein, constitute the entire agreement of the parties with respect to your use of the Marketplace and Application. No waiver by either party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default. Section headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. If any provision of these Terms is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in these Terms and the remaining portions of these Terms shall continue in full force and effect. The right to participate in the Marketplace and to use the Application is personal to you and is not transferable to any other person or entity without the express written permission of Company. You agree that these Terms and all agreements and notices incorporated herein may be automatically assigned by Company at its sole discretion. You may not assign your obligations under these Terms to any other person or entity without the express written permission of Company, and any attempted assignment in violation of the foregoing is null and void.

PRIVACY POLICY

Food Fire + Knives LLC (“Company,” “us,” “we,” or “our”) is committed to safeguarding online privacy with respect to the personally identifiable information that we may obtain from users of the Company’s website www.foodfireknives.com (the “Site”) and the Company’s marketplace (“Marketplace”) (the Site and the Marketplace are collectively referred to as the “Platform”). The Company’s privacy policy (the “Privacy Policy”) answers frequently asked questions about your privacy on the Platform, including what personally identifiable information we may obtain from you and how it will be used and protected. Company may from time to time change this Privacy Policy, so please check back periodically.

CHILDREN UNDER THE AGE OF 18

Our Platform is not intended for children under 18 years of age. No one under age 18 may provide any personal information on the Platform. We do not knowingly collect personal information from children under 18. If you are under 18, do not use or provide any information on the Platform or through any of its features, or provide any information about yourself to us. If we learn we have collected or received personal information from a child under 18 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 18, please contact us at contact@foodfireknives.com.

WHAT PERSONALLY IDENTIFIABLE INFORMATION DO WE OBTAIN FROM YOU? WHEN DO WE OBTAIN SUCH INFORMATION? 

If, upon visiting our Platform, your use is limited to browsing our informational content, we will not require that you provide us with any personally identifiable information. However, we may request personal information from you at other times. For example:

  • When you use the Platform as a customer seeking to purchase culinary services, you may be required to provide personal information including your name, telephone number, street address, payment information (e.g., credit card information, billing address) and email address.
  • When you sign up for an account on the Platform as a vendor to provide culinary services to customers, you may be required to provide personal information including your name, telephone number, street address, bank account or wire information and email address.
  • You may be required to provide personal information, including name, email address, and telephone number, in order to submit an inquiry to Company on Platform.
  • You may be required to submit your name and email address if you sign up for the Company’s email newsletter to find out more about Company’s services.

HOW DO WE PROTECT THE SECURITY AND QUALITY OF YOUR PERSONAL INFORMATION?

To protect the security and quality of your personal information, we have implemented procedures to maintain accurate, current and complete information as well as to protect your personal information against loss, misuse or alteration when it is under our control. The security of your personal information also depends on your efforts. To the extent you decide to create an account on the Platform as either a customer or vendor, you will be prompted to create a user name and password for logging into your account. You should take precautions to protect the confidentiality of your user name and password, such precautions including without limitation keeping your user name and password confidential and not sharing your log-in credentials with others.

HOW DO WE USE YOUR INFORMATION?

Information you share with us will be used in a variety of ways that let us serve you better. We may also use this information to perform administrative, technical, hosting or other functions that help us manage our Platform and deliver new functionality to you.

We use your information to: provide you with our services and provide you with access to the Marketplace; communicate with you (including responding to your requests for additional information about services offered by the Company, and inquiring and responding to requests regarding your use of the Platform); and process orders, payments, and purchases on the Marketplace.

HOW AND WHY WE SHARE YOUR PERSONAL AND OTHER INFORMATION

While it is fully within your rights to not share personal information, you may not be able to utilize some features of the Platform (including creating an account on the Platform) if you choose not to supply personal information. 

We will not share your personal information with any other third parties without your express written permission, except as otherwise permitted by this Privacy Policy, or as required by law.

The Platform may enable you to share personal information with websites or online services operated by third parties. For example, the Platform may contain links to Company’s social media accounts on Instagram, etc. The third-party websites may contain features that collect personal information from you, such as comments sections. If you choose to use these features, you may disclose your personal information not just to those third-party websites, but also to their users and the public more generally. Because these third-party websites are not operated by the Company, we are not responsible for the content or practices of those third-party websites. The collection, use, and disclosure of your personal and non-personal information will be subject to the privacy policies of the third-party websites, and not this Privacy Policy. For example, Instagram’s privacy policy can be found at: https://help.instagram.com/519522125107875. Should you have any questions about how those third-party websites collect, use and disclose your information, you should contact those third parties directly.

Company reserves the right (and you authorize Company) to share or disclose your personal information when Company determines, in its sole discretion, that the disclosure of such information is necessary or appropriate.

We also may use or share your personal or non-personal information with third parties when we believe, in our sole discretion, that doing so is necessary:

(i) To comply with applicable law or a court order, subpoena, or other legal process;

(ii) To investigate, prevent, or take action regarding illegal activities, suspected fraud, violations of our terms and conditions, or situations involving threats to our property or the property or physical safety of any person or third party;

(iii) To establish, protect, or exercise our legal rights or defend against legal claims; or

(iv) To facilitate the financing, securitization, insuring, sale, assignment, bankruptcy, or other disposal of all or part of our business or assets.

Finally, your personal information may be transferred to a third party as a result of a sale, acquisition, merger, reorganization or other change of control, reorganization, bankruptcy, or asset sale. If we sell, merge or transfer any part of our business, part of the sale may include your personal information.

SLACK PRIVACY POLICY

Company uses Slack (“Slack”) to host the communication services on Platform for communications between and amongst Company, customers, and vendors. To the extent you create an account on the Platform, you grant Company and Slack the right, power, and authority to act on your behalf to access and transmit your personal information, including without limitation any personal information (e.g., name, email address, street address, etc.) submitted on the Slack platform. You agree to your personal information being transferred, stored, disclosed and processed by Slack in accordance with the Slack privacy policy, which can be accessed at the following website address: https://slack.com/trust/privacy/privacy-policy.

DO WE SELL OR RENT YOUR PERSONALLY IDENTIFIABLE INFORMATION?

No, as a general rule, we do not sell or rent your personally identifiable information to anyone. If and whenever we intend to share your personally identifiable information with a third party (other than as provided in this Privacy Policy), you will be notified at the time of data collection or transfer, and you will have the option of not permitting the transfer. 

HOW CAN YOU UPDATE, CORRECT OR DELETE YOUR PERSONALLY IDENTIFIABLE INFORMATION?

You may request that Company update, correct or delete your personally identifiable information at any time by sending an e-mail request to contact@foodfireknives.com.

WHAT ARE COOKIES? HOW DO WE USE COOKIES?

Cookies enable us to customize and personalize your experience on the Platform, including the products and promotions that are offered to you. Essentially, a cookie is a small amount of data that is sent to your browser from a web server and is stored on your computer’s hard drive. We use cookies for several purposes in connection with the operation of the Platform:

  • We may use cookies to identify you and access your information stored on our computers in order to deliver you a better and more personalized experience. For example, we may use cookies to tell you about products and services specific to your interests.
  • We may use cookies to estimate our customer base and customer usage patterns. Each browser accessing the Platform is given a unique cookie that is then used to determine the extent of repeat visits and the customer activity during those visits. We may use the historical information to help target promotions based on customer interests and behavior, both specifically to individual customers and on an aggregate basis with respect to all customers.

DO YOU HAVE CHOICES ABOUT COOKIES?

Yes, you have several choices with respect to cookies. You can modify your browser preferences to accept all cookies, to notify you when a cookie is set, or to reject all cookies. 

WHAT ELSE SHOULD YOU KNOW ABOUT YOUR ONLINE PRIVACY?

It is important to remember that whenever you voluntarily disclose personal information online, your information can be collected and used by others. If you transmit or post personal information online that is accessible to others, you will not be able to control how that information is used by others. When we receive the transmitted information, we will use the procedures summarized in this Privacy Policy to ensure the integrity and security of that information in our systems. Unfortunately, notwithstanding any of the steps taken by us, it is not possible to guarantee the security and integrity of data transmitted over the Internet. Consequently, while we take the above-described reasonable steps to protect your personal information, we cannot and do not warrant the security or integrity of any information you transmit to us when registering for an account on the Platform or otherwise. All such transmission of information is at your own risk. 

PRIVACY NOTICE FOR CALIFORNIA RESIDENTS

This Privacy Notice for California Residents (this “Notice”) supplements and is expressly made part of the information contained in the Company Privacy Policy and applies solely to all visitors, users, and others who reside in the State of California (“consumers” or “you”). We adopt this Notice to comply with the California Consumer Privacy Act of 2018 (“CCPA”). Any terms defined in the CCPA have the same meaning when used in this Notice.

  1. Information We Collect

Through your use of the Platform, we collect information (when you choose at your option to provide it) that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device (“personal information”). In particular, the Platform has collected the following categories of personal information from its consumers within the last twelve (12) months. Additionally, we have disclosed the following categories of information for a business purpose in the past twelve (12) months:

Category

Examples

Collected

Disclosed for a business purpose

A. Identifiers.

A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver’s license number, passport number, or other similar identifiers.

Yes

Yes

B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).

A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories.

Yes

Yes

C. Protected classification characteristics under California or federal law.

Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).

No

No

D. Commercial information.

Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.

Yes

Yes

E. Biometric information.

Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.

No

No

F. Internet or other similar network activity.

Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.

Yes

No

G. Geolocation data.

Physical location or movements.

No

No

H. Sensory data.

Audio, electronic, visual, thermal, olfactory, or similar information.

No

No

I. Professional or employment-related information.

Current or past job history or performance evaluations

Yes

No

J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).

Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records

No

No

K. Inferences drawn from other personal information.

Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes

No

No

Personal information does not include:

    • Publicly available information from government records.
    • Deidentified or aggregated consumer information.
    • Information excluded from the CCPA’s scope, like:
      • 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;
      • personal 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.

Company obtains the categories of personal information listed above from the following categories of sources:

    • Directly from you. For example, from information you submit on the Platform for the purpose of creating an account on the Platform or contacting the Company.  
    • Indirectly from you. For example, from observing your actions on the Platform.
    • From third-party business partners such as social media sites, ad networks, and analytics providers.

Use of Personal Information

First and foremost, Company does not sell and has not sold any Personal Information in the preceding twelve (12) months.

We may use or disclose the personal information we collect for one or more of the following purposes:

    • For purposes of processing purchases, orders, and transactions on the Marketplace.
    • To respond to your inquiries directed to the Company.
    • To reach out to you, either ourselves or using the appropriate authorities, if we have a good reason to believe that you or any other person may be in danger or may be either the cause or the victim of a criminal act.
    • To measure and improve the quality, the effectiveness and the delivery of our services.
    • To respond to law enforcement requests and as required by applicable law, court order, subpoena or governmental regulations.
    • To provide, support, personalize, and develop the Platform and our services.

Company will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

Disclosure of Personal Information

Company may disclose your personal information to a third party for a business purpose. When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.

We may share the minimum necessary personal information with the following categories of third parties:

    • Service providers that provide audit, legal, operational, technical or other services for us, such as:
      • Customer and vendor service
      • Technical maintenance
      • Monitoring Platform activity
      • Email management and communication
      • Database management
      • Billing, order, and payment processing
      • Reporting and analytics
      • Marketing and advertising

Your Rights and Choices

The CCPA provides consumers (i.e., California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.

Right to Request Access to Information

You have the right to request that Company notify you of the personal information about you that we have collected and used (“Right to Access”). Once we receive and confirm your verifiable Request to Access, we will disclose to you:

    • 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 that personal information.
    • The categories of third parties with whom we shared that personal information.
    • The specific pieces of personal information we collected about you.
    • If we disclosed your personal information for a business purpose and identifying the personal information categories that each category of recipient obtained.

Right to Request Deletion of Information

You have the right to request that Company deletes any of your personal information that we collected about you and retained. Once we receive your request and verify who you are, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.

We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

    • Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
    • Debug products to identify and repair errors that impair existing intended functionality.
    • Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
    • Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.).
    • Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.
    • Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
    • Comply with a legal obligation.
    • Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

Exercising Your Rights

To exercise the rights listed above, please submit a request in writing to Company via the contact information listed below in the Contact Information section. Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a request related to your personal information. You may also make a request on behalf of your minor child.

You may only make a request for access twice within a 12-month period. Your request must:

    • Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information, or an authorized representative of the person.
    • Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. Making a request does not require you to create an account with us. We will only use personal information provided in a request to verify your identity or authority to make the request.

Response Timing and Format

We endeavor to respond to a request within forty-five (45) days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing.

For Requests to Access, our response will only cover the 12-month period preceding the request. The response we provide will also explain the reasons we cannot comply with a request, if applicable. We will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

We do not charge a fee to process or respond to your request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights. We will not:

    • Deny you services.
    • Charge you different prices or rates for services, including through granting discounts or other benefits, or imposing penalties.
    • Provide you a different level or quality of services.
    • Suggest that you may receive a different price or rate for services or a different level or quality of services.

Other California Privacy Rights

California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of the Platform that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to contact@foodfireknives.com.

Changes to Our Privacy Notice

Company reserves the right to amend this privacy Notice at our discretion and at any time. When we make changes to this privacy Notice, we will post the updated Notice on the Platform and update the Notice’s effective date. Regardless of changes to our Privacy Policy, we will never use the information you submit under our current privacy notice in a new way without first notifying you and giving you the option to opt out. Your continued use of the Platform following the posting of changes constitutes your acceptance of such changes.

  1. Contact Information

If you have any questions or comments about this Notice, the ways in which Company collects and uses your information described above, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at:

contact@foodfireknives.com

or

(843) 405-3050.

CONTACT US.

If you have any questions or comments about this Privacy Policy or the practices employed on the Platform, please feel free to e-mail us at contact@foodfireknives.com.

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