Compass Group USA, Inc., its affiliates and subsidiaries, (collectively, “Compass,” “Company”, “Us”, “Our”, or “We”) recognize that you may be concerned about our collection, use, and disclosure of your personal information. If you are a California resident, please see the Notice at Collection and Privacy Policy for California Residents, which applies to you. We respect your privacy and are committed to providing a transparent notice of our privacy practices.

This policy describes the types of information We may collect from you when you visit our website (our “Websites”). This policy also covers information We collect about you offline, from third parties or contact us by phone. This policy describes our practices for collecting, using, maintaining, protecting, and disclosing that information.

Please read this policy carefully to understand our policies and practices regarding your information and how We will treat it. This policy may change from time to time (see Changes to Our Privacy Policy).

INFORMATION COLLECTION

We collect several types of information from and about you, including:

Information provided by you, such as name, address, email address, telephone number, student identification number and other personally identifying information. For example, We collect information from you when you fill out a form on a website, make a purchase, or sign up for a service;
Information provided by third parties about you. As part of our services, We may also collect information from our clients such as your employer or healthcare facility that uses our products and services, from third party analytics providers, social networks and from data brokers; and
Information collected automatically as you navigate through the site. Information collected automatically may include usage details, domain address, IP addresses, internet browser, operating system, your internet connection, the equipment you use to access our Websites, and information collected through cookies.
SOCIAL SECURITY NUMBER PROTECTION POLICY

Social Security numbers are classified as “Confidential” information under the Company’s Information Security and Privacy Policies. As such, Social Security numbers may only be accessed by and disclosed to Our associates and others with a legitimate business purpose in accordance with applicable laws and regulations. Social Security numbers, whether in paper or electronic form, are subject to physical, electronic, and procedural safeguards. These restrictions apply to all Social Security numbers collected or retained by Us in connection with claimant, employee, or other relationships.

INFORMATION USE

We use information that We collect about you or that you provide to us:

To fulfill or meet the reason you provided the information;
To fulfill or meet the reason for which the information is provided;
To provide, support, personalize, and improve our site, products, services, and communications;
To personalize your experience and to deliver content and product and service offerings relevant to your interests;
For our internal operation purposes;
For auditing relating to consumer transactions including ad impressions and compliance with regulations;
Fraud and security detection;
Debugging to identify and repair errors;
Short-term data use for the current interaction that is not used to build a profile;
Servicing transactions and accounts (e.g., customer service, maintaining and servicing accounts, customer verification, payment processing) and providing services on behalf of business or service provider (e.g., financing, advertising or marketing, analytics);
To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of a bankruptcy, liquidation, or similar proceeding, in which personal information held by us is among the assets transferred;
Undertaking internal research for technological development and demonstration;
Undertaking activities to verify or maintain the quality or safety of a service or device that is owned, manufactured, manufactured for, or controlled by the business, and to improve, upgrade, or enhance the service or device that is owned, manufactured, manufactured for, or controlled by the business;
For any other purpose with your consent; and
To share the personal information with service providers to carry out other business purposes.
DISCLOSURE OF YOUR INFORMATION

We may disclose information that We collect about you or that you provide us directly as described in this privacy policy:

to our subsidiaries and affiliates;
to contractors, service providers, and other third parties We use to support our business;
to a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Company’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Company about our Websites users is among the assets transferred;
to fulfill the purpose for which you provide it. For example, to process your inquiry regarding a transaction, service or product;
for any other purpose disclosed by us when you provide the information; and
for any purpose with your consent.
We may also disclose your personal information:

to comply with any court order, law, or legal process, including to respond to any government, regulatory, or law enforcement request;
to enforce or apply our Terms and Conditions and other agreements, including for billing and collection purposes; and
if We believe disclosure is necessary or appropriate to protect the rights, property, or safety of Company, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
We may disclose aggregated information about our users and deidentified data or information that does not identify an individual.

SECURITY

We have implemented reasonable measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. The safety and security of your information also depends on you. Where We have given you (or where you have chosen) a password for access to certain parts of our Websites, your access may be contingent on agreeing to certain terms of use which include specific obligations on securing your access. In the absence of such terms you are responsible for protecting your account from unauthorized access including keeping your password secret.

LINKS

Websites may contain links to other sites. Please be aware that We are not responsible for the content or privacy practices of such other sites. We encourage our users to be aware when they leave our sites and to read the privacy statements of any other site that collects personally identifiable information.

CHILDREN UNDER THE AGE OF 13

With limited exceptions, our Websites are not intended for children under the age of 13. No one under that age may provide any information through the Websites. Consistent with the federal Children’s Online Privacy Protection Act of 1998 (COPPA), we will never knowingly request personally identifiable information from anyone under the age of 13 without requiring parental consent. Any person who provides their personal information through the Services represents that she is 13 years of age or older.

If you are under the age of 13, do not register for, use, or provide any information through the Websites. If we learn that we have collected or received personal information from a child under the age of 13 without verification of parental consent, we will delete that information. If you believe that we might have any information from or about a child under the age of 13, please contact us in one of the ways provided in the Contact Information section, below.

COPYRIGHT COMPLAINTS

We respect the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied and is accessible on the Websites in a way that constitutes copyright infringement, you may notify us by providing us a written notice that includes the following information:

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
A description of the copyrighted work that you claim has been infringed, including the URL (i.e., Web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
Identification of the URL or other specific location on the Site where the material that you claim is infringing is located.
Your address, telephone number and email address.
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
A statement by you, made under penalty of perjury, that all information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. You should send your notice of copyright infringement concerning the Site to us at the address set forth in the “Contact Us” section of the Website. We have the sole discretion to determine what action, if any, we believe is necessary in response to a complaint of infringement, such as investigation of the complaint or removal of the allegedly infringing material.
CHANGES TO OUR PRIVACY POLICY

It is our policy to post any changes We make to our privacy policy on this page.

CONTACTING US

If there are any questions regarding this privacy policy you may contact us via telephone at (833) 935-1141 or via the following link: Privacy Inquiries

Notice at Collection and Privacy Policy for California Residents
Effective Date: February 1, 2021

Last Revised on: February 1, 2021

Last Reviewed on: February 1, 2021

Compass Group USA, Inc., its affiliates and subsidiaries (“we,” “our,” or “Company”) respects your privacy and is committed to providing a transparent Notice at Collection and Privacy Policy for California Residents. This Notice and Privacy Policy for California Residents applies solely to those who reside in the State of California (“consumers” or “you”).

The purpose of this notice and privacy policy is to provide California residents, at or before the time we collect your personal information, with a comprehensive description of our online and offline practices regarding the collection, use, disclosure, and sale of personal information and of the rights of consumers regarding your personal information:

Notice at Collection:
Notice at or before the point of collection, about the categories of personal information to be collected from you and the purposes for which the personal information will be used.

Privacy Policy:
A comprehensive description of our online and offline practices regarding the collection, use, disclosure, and sale of personal information and of your rights regarding your personal information, including:

Your right to know about personal information collected, used, disclosed or sold:
Categories of personal information we collected in the preceding 12 months
Categories of sources from which personal information is collected
Categories of personal information, if any, we disclosed or sold in the preceding 12 months
For each category identified as disclosed or sold, categories of third parties to whom the information was disclosed or sold
Transparency that we do not sell personal information.
Your right to request deletion of your personal information
How to submit a verified consumer request for your right to know and right to request deletion
How to use an authorized agent to submit a verified consumer request
Your right to non-discrimination for the exercise of your privacy rights
Other California privacy rights
Changes to our privacy notice
Our contact information
Please note certain information is largely exempt from the provisions of CCPA including the right to know and right to request deletion. For example, exemptions apply to personal information collected from employees in the context of their employment and from employees or other representatives of companies with which we do business. The notices and rights outlined herein encompass only the personal information subject to CCPA as fully set forth in the statute.

Notice at Collection

The purpose of this Notice at Collection is to provide you with timely notice, at or before the point of collection, about the categories of personal information to be collected from you and the purposes for which the personal information will be used.

Do We collect?

Categories of Personal Information

Yes

A. Identifiers: For example, 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

B. Personal Information Categories from Cal. Civ. Code § 1798.80(e): For example, 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.

No

C. Characteristics of CA or Federal Protected Classifications: For example, race, religion, national origin), age (40 and over), gender, sexual orientation, medical condition, ancestry, pregnancy (includes childbirth, breastfeeding and/or related medical conditions), familial status, disability, veteran status, or genetic information.

Yes

D. Commercial Information: For example, records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.

Yes

E. Biometric Information: For example, physiological, biological or behavioral characteristics, including an individual’s deoxyribonucleic acid (DNA), that can be used, singly or in combination with each other or with other identifying data, to establish individual identity. Biometric information includes, but is not limited to, imagery of the iris, retina, fingerprint, face, hand, palm, vein patterns, and voice recordings, from which an identifier template, such as a faceprint, a minutiae template, or a voiceprint, can be extracted, and keystroke patterns or rhythms, gait patterns or rhythms, and sleep, health, or exercise data that contain identifying information.

Yes

F. Internet or Other Similar Network Activity: For example, browsing history, search history, and information regarding a consumer’s interaction with an Internet Web site, application, or advertisement

Yes

G. Geolocation Data: For example, information that can be used to determine a device’s physical location

Yes

H. Sensory or Surveillance Data: For example, audio, electronic, visual, thermal, olfactory, or similar information that can be linked or associated with a particular consumer or household

Yes

I. Professional or Employment-Related Information: For example, compensation, evaluations, performance reviews, personnel files and current and past job history.

Yes

J. Education Information (defined as information that is not publicly available personally identifiable information as defined in 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 education institution or party acting on its behalf, for example, non-public information that can be used to distinguish or trace an individual’s identity in relation to an educational institution either directly or indirectly through linkages with other information.

Yes

K. Profile Data: For example, inferences drawn from personal information to create a profile about a consumer reflecting the consumer’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.

Please note that 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 (FCRA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (CalFIPA), and the Driver’s Privacy Protection Act of 1994.
We use the personal information we collect for one or more of the following business purposes:

To fulfill or meet the reason for which the information is provided;
To provide, support, personalize, and improve our site, products, services, and communications;
To personalize your experience and to deliver content and product and service offerings relevant to your interests;
For our internal operation purposes;
For auditing relating to consumer transactions including ad impressions and compliance with regulations;
Fraud and security detection;
Debugging to identify and repair errors;
Short-term data use for the current interaction that is not used to build a profile;
Servicing transactions and accounts (e.g., customer service, maintaining and servicing accounts, customer verification, payment processing) and providing services on behalf of business or service provider (e.g., financing, advertising or marketing, analytics);
To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of a bankruptcy, liquidation, or similar proceeding, in which personal information held by us is among the assets transferred;
Undertaking internal research for technological development and demonstration;
Undertaking activities to verify or maintain the quality or safety of a service or device that is owned, manufactured, manufactured for, or controlled by the business, and to improve, upgrade, or enhance the service or device that is owned, manufactured, manufactured for, or controlled by the business;
For any other purpose with your consent; and
To share the personal information with service providers to carry out other business purposes.
We will not collect additional categories of personal information without providing you a new Notice at Collection disclosing those categories.

Privacy Policy

The purpose of this privacy policy is to provide you with a comprehensive description of our online and offline practices regarding the collection, use, disclosure, and sale of personal information and of your rights regarding your personal information.

Your Right to Know

You have the right to request that we disclose what personal information we collect, use, disclose, and sell. You can do this through a verified consumer request. That process is described below in the section, “Submitting a Verified Consumer Request.”

We collect personal information, which means information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household (“personal information”). The following table includes disclosures for the preceding 12 months of: categories of personal information we have collected about consumers, the categories we have disclosed for a business purpose, and categories of third parties with whom we shared the personal information during that period.

Category

In the preceding 12 months this category was:

Categories of third parties to whom the information was disclosed

Collected

Disclosed

A. Identifiers

Yes

Yes

· Service providers who provide technological support to our business, such as email, internet, web-hosting, help-desk, operating systems or platform, cloud storage, and cybersecurity support.

· Service providers who provide us with advertising or marketing services or social networking.

· Service providers who provide data analytics or who assist us in managing customer relationships.

· Service providers who provide back-end business or operational services, including logistics, planning, financial, accounting or legal.

· Payment processors.

· Third parties such as government entities, courts, or legal counsel who require us to comply with legal process.

B. Personal Information Categories from Cal. Civ. Code § 1798.80(e)

Yes

Yes

· Service providers who provide technological support to our business, such as email, internet, web-hosting, help-desk, operating systems or platform, cloud storage, and cybersecurity support.

· Service providers who provide us with advertising or marketing services or social networking.

· Service providers who provide data analytics or who assist us in managing customer relationships.

· Service providers who provide back-end business or operational services, including logistics, planning, financial, accounting or legal.

· Payment processors.

· Third parties such as government entities, courts, or legal counsel who require us to comply with legal process.

C. Characteristics of CA or Federal Protected Classifications

No

No

D. Commercial Information

Yes

Yes

· Service providers who provide technological support to our business, such as email, internet, web-hosting, help-desk, operating systems or platform, cloud storage, and cybersecurity support.

· Service providers who provide us with advertising or marketing services or social networking.

· Service providers who provide data analytics or who assist us in managing customer relationships.

· Service providers who provide back-end business or operational services, including logistics, planning, financial, accounting or legal.

· Payment processors.

· Third parties such as government entities, courts, or legal counsel who require us to comply with legal process.

E. Biometric Information

No

No

F. Internet or Other Similar Network Activity

Yes

Yes

· Service providers who provide technological support to our business, such as email, internet, web-hosting, help-desk, operating systems or platform, cloud storage, and cybersecurity support.

· Service providers who provide us with advertising or marketing services or social networking.

· Service providers who provide data analytics or who assist us in managing customer relationships.

· Service providers who provide back-end business or operational services, including logistics, planning, financial, accounting or legal.

· Payment processors.

· Third parties such as government entities, courts, or legal counsel who require us to comply with legal process.

G. Geolocation Data

Yes

Yes

· Delivery Service providers
H. Sensory or Surveillance Data

Yes

Yes

· Service providers who provide technological support to our business, such as email, internet, web-hosting, help-desk, operating systems or platform, cloud storage, and cybersecurity support.

· Service providers who provide us with advertising or marketing services or social networking.

· Service providers who provide data analytics or who assist us in managing customer relationships.

· Service providers who provide back-end business or operational services, including logistics, planning, financial, accounting or legal.

· Payment processors.

· Third parties such as government entities, courts, or legal counsel who require us to comply with legal process.

I. Professional or Employment-Related Information

Yes

Yes

· Service providers who provide technological support to our business, such as email, internet, web-hosting, help-desk, operating systems or platform, cloud storage, and cybersecurity support.

· Service providers who provide us with advertising or marketing services or social networking.

· Service providers who provide data analytics or who assist us in managing customer relationships.

· Service providers who provide back-end business or operational services, including logistics, planning, financial, accounting or legal.

· Payment processors.

· Third parties such as government entities, courts, or legal counsel who require us to comply with legal process.

J. Education Information

Yes

Yes

· Service providers who provide technological support to our business, such as email, internet, web-hosting, help-desk, operating systems or platform, cloud storage, and cybersecurity support.

· Service providers who provide us with advertising or marketing services or social networking.

· Service providers who provide data analytics or who assist us in managing customer relationships.

· Service providers who provide back-end business or operational services, including logistics, planning, financial, accounting or legal.

· Payment processors.

· Third parties such as government entities, courts, or legal counsel who require us to comply with legal process.

K. Profile Data

Yes

Yes

· Service providers who provide technological support to our business, such as email, internet, web-hosting, help-desk, operating systems or platform, cloud storage, and cybersecurity support.

· Service providers who provide us with advertising or marketing services or social networking.

· Service providers who provide data analytics or who assist us in managing customer relationships.

· Service providers who provide back-end business or operational services, including logistics, planning, financial, accounting or legal.

· Payment processors.

· Third parties such as government entities, courts, or legal counsel who require us to comply with legal process.

The categories identified as collected in the table above were collected from the following categories of sources

You directly
Data you provide actively
Data collected passively from observation
Our clients and customers
Advertising networks
Internet service providers
Data analytics providers
Government entities
Operating systems and platforms
Social networks
Data brokers
What we Sell and Right to Opt-Out

We do not sell personal information. We do not have actual knowledge that we sell the personal information of minors under 16 years of age.

Your Right to Request Deletion of Your Personal Information

You have the right to request that we delete any of your personal information collected by us, subject to certain exceptions. You can do this through a verified consumer request. That process is described below in the section, “Submitting a Verified Consumer Request.”

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

Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
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 et. 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.
Submitting a Verified Consumer Request

You have the right to submit verified consumer requests to know information or for deletion. The request to know can be for any or all of the following:

(1) Specific pieces of personal information that we have collected about you;

(2) Categories of personal information we have collected about you;

(3) Categories of sources from which the personal information was collected;

(4) Categories of personal information that we sold or disclosed for a business purpose about you;

(5) Categories of third parties to whom the personal information was sold or disclosed for a business purpose; and

(6) The business or commercial purpose for collecting or selling personal information.

The response to a request for any of the categories above will cover the preceding 12 months. Please note that we are not required to provide personal information to you more than twice in a 12-month period. We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request. We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

You can submit requests using calling (833) 935-1141 or using this form.

If you submit a request that is not through one of these designated methods or is deficient in some manner unrelated to verification, we will either treat it as if it had been submitted in accordance with our designated methods or provide you with information on how to submit the request or remedy any deficiencies.

Your request will be verified by matching the information you provide to information that we have collected.

Once we receive your verifiable consumer request, we will confirm receipt of the request within 10 business days describing our verification process. We will respond to your request within 45 calendar days, if we are able to verify your identity. Requests for deletion will require a separate confirmation that you want your information deleted.

If requests from you are manifestly unfounded or excessive in particular because of their repetitive character, we may either charge a reasonable fee or refuse to act on the request, notifying you of our reason for refusing to act. If we determine that the request warrants a fee, we will notify you of the reason for that determination and provide you with a cost estimate before completing your request.

Please note that, in responding to your request, we are not permitted to disclose or provide you with your Social Security number, driver’s license number or other government-issued identification number, financial account number, any health insurance or medical identification number, an account password, security questions and answers, or unique biometric data generated from measurements or technical analysis of human characteristics. However, we will inform you with sufficient particularity that we have collected the type of information without disclosing the actual data.

Requests to Know or Delete for Child Under the Age of 13: We do not knowingly collect information of minors under the age of 13.

Using an Authorized Agent to Submit a Request

Only you, or a natural person or a business entity registered with the Secretary of State to conduct business in California that you have authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child. If you use an authorized agent, you may provide a power of attorney executed pursuant to California Probate Code sections 4000 to 4465. If a power of attorney that meets those provisions is not submitted, you will be required to provide the authorized agent signed permission to submit a request, verify your identity directly with us, and directly confirm with us that you provided the authorized agent permission to submit the request.

If you’re an authorized agent making a request you need to do the following:

(a) e-mail a copy of a power of attorney provided to you by the consumer pursuant to Probate Code sections 4000 to 4465 to PrivacyTeam@Compass-USA.com; or

(b) e-mail proof of signed permission along with a copy of your ID to PrivacyTeam@Compass-USA.com and have the consumer direct confirm with us that they provided you permission to submit the request by sending an e-mail.

Requests to Access or Delete Household Information

We will not comply with a request to know specific pieces of information or a request to delete household person information unless all consumer of the household jointly request access to specific pieces of information or deletion, we can individual verify all members of the household and we can verify each is currently a member of the household. If a member of a household is a minor under 13, we must obtain verifiable consent before complying with a request for specific pieces of information for the household or deletion of household personal information.

Your Right to Non-Discrimination for the Exercise of a Privacy Right

You have a right not to receive discriminatory treatment by the business for the exercise of the privacy rights conferred by the CCPA. Unless permitted by the CCPA, we will not:

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

Company does not respond to Web browser “do not track” signals or other mechanisms. Other parties may collect personally identifiable information about your activities over time and across different Web sites when a consumer uses our Web site or service.

Changes to Our Privacy Notice

We reserve 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 Websites and update the notice’s effective date. Your continued use of our Websites following the posting of changes constitutes your acceptance of such changes.

Contact for More Information

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

Privacy Inquiries Form: Webform

Phone: (833) 935-1141

Postal Address: 2400 Yorkmont Road, Charlotte, NC 28217

 

 

THE COMPASS GROUP USA, INC. PRIVACY POLICY AND NOTICE TO CALIFORNIA RESIDENTS END HERE. THE TERMS OF USE THAT FOLLOW ARE ENTIRELY SEPARATE AND DISTINCT FROM THIS POLICY AND FORM AN AGREEMENT BETWEEN YOU AND COMPASS GOVERNING YOUR USE OF THIS SITE AND ANY ONLINE SERVICES ACCESSIBLE THROUGH THIS SITE

 

 

 

 

Terms of Use and End User Agreement
This Terms of Use and End User Agreement (the “Agreement”) is a binding, contractual agreement between you (“you”) and Compass Group USA, Inc. and its subsidiaries and affiliates (collectively “we” or “Compass”) under which you may use our website and online services (“Online Services”) including, but not limited to, computer applications, scripts, browser plugins, applets, and websites. This Agreement applies solely to your use of our Online Services, including all enhancements, versions, and modifications of the Online Services.

THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION CLAUSE THAT LIMITS YOUR RELIEF. READ THE MANDATORY ARBITRATION SECTION CAREFULLY

CONDITIONS OF USE

You must have reached the age of majority in your jurisdiction of residence or older to use the Online Services or must have the agreement of your parent/legal guardian to be bound to these terms on your behalf. By downloading, accessing, or using the Online Services, you represent and warrant that (i) you are not located in a country that is subject to a United States or Canadian government embargo, or that has been designated by the United States or Canadian government as a “terrorist supporting” country; and (ii) you are not listed on any United States or Canadian government list of prohibited or restricted parties.

By downloading, accessing, or using the Online Services, including through using the services to make a purchase, you are indicating your: (i) acceptance of, and agreement to be legally bound by, all of the terms and conditions of this Agreement; and (ii) consent to the installation of any software including, but not limited to, scripts, browser plugins, applets, and mobile applications as part of the Online Services on the computer or mobile device you are using to access the Online Services. If you do not accept and agree to this Agreement, you must not install, access or use the Online Services.

MODIFICATION OF AGREEMENT

Compass reserves the right, in its sole and absolute discretion, to modify all or any portion of this Agreement at any time without incurring any liability or obligation whatsoever to you or any other person or entity. If we modify the Agreement, we will post the changes to the Agreement and will indicate the date this Agreement was last revised. Your continued use of the Online Services after any such changes constitutes your (and your parent’s or legal guardian’s on your behalf, if you are under the age of majority in your jurisdiction of residence) acceptance of, and agreement to be legally bound by, this Agreement, as revised. It is your sole responsibility to regularly check the Agreement to determine if there have been any changes to the Agreement and to review such changes.

PROVIDER OF ONLINE SERVICES

You acknowledge that some or all the services may be provided by one or more service providers (individually and/or collectively “Service Provider”), where any Service Provider is a third party to this agreement. This agreement is between you and Compass, not Service Provider.

To use the Online Services, you may also be required to agree to be bound by terms and conditions specified by the Service Provider. You represent and warrant to Compass that as a condition of using the Online Services you will abide by any required terms and conditions specified by the Service Provider.

In addition to other disclaimers and exclusions contained in this Agreement, Compass expressly disclaims to the maximum extent permitted by law: (i) any and all liability related to the Online Services involving “content,” as defined in the ONLINE SERVICES AND CONTENT section herein, which belongs to Service Provider; (ii) any and all liability related to maintenance or support with respect to the Online Services provided by Service Provider; and (iii) any and all lability related to claims with respect to product liability, intellectual property rights, consumer protection, privacy, or failure to conform to any applicable legal or regulatory requirement involving Service Provider’s conduct or content.

ONLINE SERVICES AND CONTENT

You acknowledge that content may be made available to you through the Online Services, including, but not limited to, information, comments, data, software (whether applications, scripts, plug-ins or applets), photographs, graphics, text, sound, images and other material (“Content”). All content is owned by Compass, Service Provider, or another third party. Content is protected by copyright laws, trade-mark laws, other intellectual property laws and treaties, both in Canada, the United States, and world-wide, and all rights therein are reserved by their respective owners. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part, except as expressly allowed by this Agreement or applicable law (including, without limitation, U.S. copyright, trademark and patent law). Subject to the terms and conditions of this Agreement, we grant you a non-exclusive, non-transferable, limited right to access, use and display this Site and the materials thereon.

Your use of the Online Services does not grant or transfer to you any ownership or other rights in the Online Services or the Content, and except as expressly provided, nothing herein or within the Online Services shall be construed as conferring on you or any other person any license under any of Compass’s, Service Provider’s, or any third party’s intellectual property rights. Any rights not expressly granted to you in this Agreement are expressly reserved by Compass. For greater certainty, you agree that you will not take any action that is inconsistent with Compass’s ownership of any portion or all of the Online Services and Content, or with Service Provider’s, or any third party’s ownership of any portion or all of the Content. You are hereby expressly prohibited from removing any proprietary notice of Compass, Service Provider, or any third party, from any copy of the Online Services or Online Services Content.

ONLINE SERVICES DISCLAIMERS

Compass provides you with access to the Online Services on an “as is” and “as available” basis only, and, to the maximum extent permitted by law, excludes all representations, warranties, conditions and other terms. Compass does not warrant that the Online Services or any content will be uninterrupted or error-free, that defects will be corrected or that the Online Services or the servers hosting the Online Services will be free of viruses or other harmful components.

The Online Services may be used to facilitate other services such as the purchase and sale of food and beverage to its customers, food quality, nutrition and allergen information, food safety, service of alcohol, payment or any other issues, none of which are the covered by this Agreement. This Agreement applies only to the Online Services, other services such as those listed that may be facilitated by the Online Services are not subject to this Agreement and Compass makes no representation or warranties as to those services. In providing the Online Services pursuant to this Agreement, Compass make no representations or warranties as to the lawfulness or merchantability of the underlying services, which may be subject to other agreements. In this Agreement, Compass makes no representations or warranties as to food quality, nutrition and allergen information, food safety, service of alcohol, age verification, ingredient listings or any other issue relating to the services facilitated by the Online Services.

YOUR ACCOUNT

The Online Services, or certain features and/or portions of the Online Services may be password-protected and may require you to complete a registration process in order to obtain access. When registering to use any such features and/or portions of the Online Services, you agree: (i) that you will provide complete and accurate information about yourself; and (ii) to update such information if it changes. In the event that you do not provide or update such information, or if we have reasonable grounds to suspect that you have not provided or updated such information, we shall have the right, in our sole and absolute discretion, to disable your username and/or password and prevent you from using the Online Services, or any features or portions of the Online Services. You agree to be responsible for: (a) the accuracy of all information that you provide to us; (b) maintaining the confidentiality and security of any passwords or other account identifiers that you choose or that are otherwise assigned to you; and (c) all activities that occur under such password(s) or account(s). It is your responsibility to keep your username and any password that you register or that is provided to you confidential and secure. In the event that your username or password is used without your consent or that you discover any other breach of security, you agree to promptly notify Service Provider. We are not responsible for your failure to comply with this clause, or for any delay in shutting down your account after you have reported a breach of security to us. You are solely responsible for any and all activities which occur under your user account.

ORDERS AND PAYMENT

Any orders made through the Online Services are subject to any terms and conditions outlined in the Online Services relating to the purchase in question in addition to these terms and conditions.

Pricing and other terms and conditions relating to a purchase may be changed at any time without notice. Prices may differ from those for purchases made through other channels. We reserve the right to change the prices offered through the Online Services at any time. You have a legal obligation to pay for any orders that appear to be made by you or through your account.

By completing a purchase transaction (“Order”) through the Online Services, you are agreeing to pay, in full, the prices and all applicable taxes and specified fees in relation to your Order, either by credit card or other permitted payment method as we may make available through the Online Services. Payments are processed by third-party service providers. We reserve the right to change the permitted methods of payment, including without limitation, the credit cards accepted, at any time. If complete payment for your Order is not received and verified by us, your Order will not be processed. If you do not complete or improperly complete your Order, it may not be accepted or acknowledged. We reserve the right to verify the validity of all Orders and cancel any Order if we find any evidence of fraud, tampering and/or any other violation of this agreement.

RESTRICTIONS AND GEOGRAPHIC LIMITATIONS

The Online Services are provided for access and use only by persons located in the United States and Canada. You acknowledge that you will not attempt to use the Online Services or access any services through the Online Services outside of the United States or Canada.

You agree as a condition of using the Online Services, that you will not yourself, or cause any others to do any of the following:

a. use, copy, modify, download or transfer the Online Services or any component of the Online Services (including, without limitation, the Online Services Content), in whole or in part, except as expressly provided in this Agreement;

b. (i) reverse engineer, disassemble, decompile, or translate the Online Services; (ii) attempt to derive the source code of the Online Services;

(iii) create any derivative work from the Online Services; and/or (iv) authorize or assist any third party to do any of the foregoing.

c. use the for any commercial purpose of your own or to benefit another, including rent, lease, loan, resell for profit, or distribute the Online Services, or any part thereof;

d. remove or alter any proprietary notice or legend regarding Compass’s, or any third party’s, proprietary rights in the Online Services;

e. use the Online Services except in accordance with applicable laws and regulations; and/or

f. use the Online Services: (i) to defraud any third party; (ii) to distribute obscene or other unlawful materials or information; and/or (iii) to disseminate or encourage conduct that could constitute a criminal offence or give rise to civil liability.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE Online Services AND Online Services CONTENT (INCLUDING, WITHOUT LIMITATION, ANY INFORMATION) IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY REPRESENTATIONS, CONDITIONS OR WARRANTIES WHATSOEVER. THE ENTIRE RISK ASSOCIATED WITH THE USE OF THE Online Services AND Online Services CONTENT RESIDES WITH YOU. COMPASS EXPRESSLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL OTHER REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, NON- INTERFERENCE AND/OR QUIET ENJOYMENT, SYSTEM INTEGRATION, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND DATA ACCURACY.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COMPASS MAKES NO REPRESENTATION OR WARRANTY THAT: (I) THE Online Services WILL BE COMPATIBLE WITH YOUR DEVICE AND SOFTWARE; (II) THE Online Services WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR ERROR; (III) THE USE OF THE Online Services, INCLUDING, WITHOUT LIMITATION, THE BROWSING AND DOWNLOADING OF ANY INFORMATION, WILL BE FREE OF ANY VIRUSES, TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE, INTRUSIVE OR DISRUPTIVE COMPONENTS; (IV) THE TRANSMISSION OF INFORMATION TO AND FROM THE Online Services WILL BE SECURE; (V) THE USE OF THE Online Services WILL NOT INFRINGE THE RIGHTS (INCLUDING, WITHOUT LIMITATION, INTELLECTUAL PROPERTY RIGHTS) OF ANY PERSON; OR (VI) THE USE OF THE Online Services WILL NOT CAUSE ANY DAMAGE TO YOUR DEVICE, SOFTWARE OR ELECTRONIC FILES.

ANY AND ALL INFORMATION CONTAINED ON OR WITHIN THE Online Services IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO PROVIDE SPECIFIC ADVICE AND SHOULD NOT BE RELIED UPON IN THAT OR ANY OTHER REGARD.

THE Online Services ARE OFFERED IN JURISDICTIONS WHERE THEY MAY BE LEGALLY OFFERED. THE Online Services AND THE INFORMATION OFFERED THROUGH IT IS NOT OFFERED TO ANYONE IN ANY JURISDICTION IN WHICH SUCH AN OFFER CANNOT LEGALLY BE MADE, OR TO ANY PERSON TO WHOM IT IS UNLAWFUL TO MAKE SUCH AN OFFER.

COMPASS WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES WHATSOEVER ARISING FROM, CONNECTED WITH, OR RELATING TO THE Online Services OR Online Services CONTENT. YOU EXPRESSLY ACKNOWLEDGE THAT COMPASS HAS ENTERED INTO THIS AGREEMENT WITH YOU AND MAKES THE Online Services AVAILABLE TO YOU, IN RELIANCE UPON THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND COMPASS. YOU EXPRESSLY AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH HEREIN WILL SURVIVE AND CONTINUE TO APPLY IN THE CASE OF THE FAILURE OF ESSENTIAL PURPOSE OF CONTRACT, THE FAILURE OF ANY EXCLUSIVE REMEDY, OR TERMINATION OF THIS AGREEMENT.

INDEMNIFICATION

At our request, you agree to defend, indemnify, and hold harmless Compass, its parent and other affiliated companies, and their employees, contractors, officers, and directors, and Service Provider from any and all claims, suits, damages, costs, lawsuits, fines, penalties, liabilities, expenses (including legal fees and disbursements on a solicitor-client basis) that arise from the your use or misuse of the Online Services (including mobile purchases or payments), violation of these Terms, or violation of any rights of a third party. Compass reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by the you, in which event you will cooperate in asserting any available defenses.

GOVERNING LAW

This Agreement is governed by and construed in accordance with the internal laws of the State of North Carolina without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to this Agreement or the Online Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of North Carolina in each case located in the City of Charlotte and Mecklenburg County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

MANDATORY ARBITRATION

THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. THIS PROVISION REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM THE COMPANY. Any controversy, dispute, or claim arising out of or relating to this Agreement shall be settled by binding arbitration by the American Arbitration Association (“AAA”) in accordance with the AAA’s Commercial Arbitration Rules. Arbitration shall be conducted in Charlotte, North Carolina before an arbitrator who is an attorney licensed in North Carolina. If the parties cannot agree upon an arbitrator, the AAA shall appoint the arbitrator according to AAA’s selection procedures. Judgment upon any award of the arbitrator may be entered in any court having jurisdiction thereof (such judgment to include an award of reasonable attorneys’ fees and expenses, including the expense of arbitration, to the prevailing party). Notwithstanding the foregoing, any party to this Agreement may seek any appropriate equitable relief, including injunction, to which it may be entitled.

TERMINATION

If you breach any provision of this Agreement you may no longer use the Online Services. We may, in our sole discretion, change, suspend or terminate, temporarily or permanently, the Online Services or any part thereof or any of its features at any time, for any reason, without any notice or liability to you or any other entity. If this Agreement or your permission to use the Online Services is terminated by us for any reason, the agreement formed by your acceptance of this Agreement will nevertheless continue to apply and be binding upon you in respect of your prior use of the Online Services and anything relating to or arising from such use. If you are dissatisfied with the Online Services, then your sole and exclusive remedy is to discontinue using the Online Services.

EXPORT CONTROLS

You acknowledge that the Online Services, Online Services Content, information and the underlying technology may be subject to applicable export jurisdiction. You agree to comply with all applicable international and national laws that apply to the Online Services, Online Services Content, information and the underlying technology, as well as end-user, end use, and destination restrictions issued by Canada, the United States, and other governments. By downloading or using the Online Services, you agree to the foregoing and you represent, warrant and covenant that you are not located in, under the control of, or a national or a resident of any country identified in any applicable legislation, regulation, deny order or prohibition list issued by any governmental or regulatory body, and that you will otherwise comply with all applicable export control laws.

SEVERABILITY AND ENTIRE AGREEMENT

If any provision of this Agreement by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

This Agreement constitutes the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any contract.

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Last updated February 14, 2020