Last Updated: May 15, 2020

We are pleased that you have elected to visit this Website (referred to herein as the “Website” or the “Site”), operated by, or on behalf of, MomoIP, LLC on its own behalf and on behalf of its affiliated entities (collectively, “Momofuku”, “us” and “we”). Momo Holdings, LLC and its affiliates and related companies (collectively, “Momofuku”).

This Privacy Policy describes the types of personal information we collect about individuals through our website and mobile apps (collectively, the “Services”), how we may use the information, with whom we may share it, and the choices available regarding our use of the information. This Privacy Policy does not govern Personal Information collected from any other source or in any other manner, such as Personal Information provided in connection with dining at one of our restaurants or booking an event at one of our restaurants.

 

Country-specific and State-specific Privacy Policies

Data protection and privacy rules differ worldwide. For this reason, and in certain cases we have to change our privacy practices due to specific legal requirements in countries where we do our business.

We have a separate Privacy Policy that applies only to California residents (“California Privacy Policy”).

 

Information We Obtain

In connection with your use of the Services, you may provide personal information to us in various ways. The types of personal information we obtain include:

• contact information (such as name, email address, shipping address and instructions, postal code, telephone number, and personal ID);
• login credentials to create an account on the Services (such as email address and password);
• information contained on your social media public profile, to the extent you decide to create an account on the Services using your social media account;
• user generated content related to product reviews, comments, questions and answers;
• payment information, such as name, billing address, account number, and payment card details (including card number, expiration date and security code) for payments processed by us. To the extent any payments are processed by any other third parties such as PayPal or Apple Pay, then the privacy policies of those parties shall govern such information;
• order history, including information about products purchased or viewed on the Services;
• details you provide through contests, sweepstakes and surveys;
• social media information, such as social media handles, content and other data shared with us through third-party features that you use on our Services (such as apps, tools, payment services, widgets and plugins offered by social media services like Facebook, Google , Instagram, LinkedIn, Pinterest, Twitter and YouTube) or posted on social media pages (such as our social media pages or other pages accessible to us);
• other personal information contained in content you submit on the Services, such as through our “Contact Us” feature or other customer support tools; and
• information you submit in connection with a career opportunity at Momofuku, such as contact details, information in your resume and cover letter, and details about your current employment;
• Country/region and language preference based on mobile device settings and/or IP;
• IP address, device, operating system, and browser information that we detect.

You are not required to provide this information but, if you choose not to do so, we may not be able to offer you certain Services and related features.

 

How We Use The Information We Obtain

We will use the information we obtain through the Services as needed to fulfill our contractual obligation to provide you with the products and services you request, to deliver products ordered (including, but not limited to, transportation and customs clearance through related third party service providers); and to manage career opportunities with Momofuku.

We also will use the information we obtain through the Services if we have a legitimate interest to do so, including to support the following functions and activities:

• establishing and managing your account;
• communicating with you about your account or transactions and sending you information about features and enhancements;
• processing claims in connection with our products and services, and keeping you informed about the status of your order;
• posting your product reviews and managing our Reviews program;
• improving and customizing your experience with the Services, including providing recommendations based on your preferences;
• identifying and authenticating you so you may use the Services;
• marketing our products to you and providing you with promotions, including special deals, coupons, discounts and chances to win contests;
• communicating with you about, and administering your participation in, contests, sweepstakes or surveys;
• responding to your requests and inquiries and providing customer support, such as through chatbot or other customer support tools;
• operating, evaluating and improving our business (including developing new services; enhancing and improving our Services; managing our communications; analyzing our user base and Services; performing data analytics and market research; and performing accounting, auditing and other internal functions);
• protecting against, identifying and preventing fraud and other criminal activity, claims and other liabilities;
• complying with and enforcing applicable legal requirements and our policies, including this Privacy Policy and Momofuku’s Terms of Use [insert hyperlink] and
• communicating with you about changes to our policies.

In addition, we may use your contact information to send you newsletters, emails, SMS, push notifications and in-app notifications about our products, services, sales and special offers if you sign up to receive them and have not opted out.

We may combine information we obtain about you through our websites with the information obtained through our apps for the purposes described above. We also may use the information we obtain in other ways for which we provide specific notice at the time of collection or otherwise with your consent.

 

Automated Collection Of Data

When you use our Services or open our emails, we may obtain certain information by automated means, such as browser cookies, Flash cookies, local storage, web beacons, device identifiers, server logs and other technologies. The information we obtain in this manner may include your device IP address, domain name, identifiers associated with your devices, device and operating system type and characteristics, web browser characteristics, language preferences, clickstream data, your interactions with our Services (such as the web pages you visit, links you click and features you use), the pages that led or referred you to our Services, dates and times of access to our Services, and other information about your use of our Services. We also may receive your device’s geolocation and other information related to your location through GPS, Bluetooth, WiFi signals and other technologies for certain purposes listed above, such as to provide you with our Services. Your device may provide you with a notification when the Services attempt to collect your precise geolocation.

A “cookie” is a text file that websites send to a visitor’s computer or other Internet-connected device to uniquely identify the visitor’s browser or to store information or settings in the browser. Cookies may be set either directly by the website a user is visiting (“first-party cookies”), or by a domain other than the website the user is visiting (“third-party cookies”). A “Flash cookie,” also known as a local shared object, functions like a web cookie to personalize a user’s experience on sites that use Adobe Flash Player. A “web beacon,” also known as an Internet tag, pixel tag or clear GIF, links web pages to web servers and their cookies and may be used to transmit information collected through cookies back to a web server. We and our third-party service providers may use beacons in emails to help us track response rates, identify when our emails are accessed or forwarded, and for other purposes listed above.

To the extent required by applicable law, we will obtain your consent before placing cookies or similar technologies on your computer. You can stop certain types of cookies from being downloaded on your computer by selecting the appropriate settings on your web browser. Most web browsers will tell you how to stop accepting new browser cookies, how to be notified when you receive a new browser cookie and how to disable existing cookies. You can find out how to do this for your particular browser by clicking “help” on your browser’s menu or by visiting www.allaboutcookies.org. [Flash cookies typically cannot be controlled, deleted or disabled through your browser settings and instead must be managed through your Adobe Flash Player settings. To manage Flash cookies, which we may use on our website from time to time, you can go to the Adobe Flash Player Support page available here. In addition, your mobile device settings may allow you to prohibit mobile app platforms (such as Apple and Google) from sharing certain information obtained by automated means with app developers and operators such as us. Our Services are not designed to respond to “do not track” signals received from browsers. Please note that without cookies or other automated tools we use to collect this type of data, you may not be able to use all the features of our Services.

The following types of cookies and similar technologies may be used on the Services:

 

First-Party Cookies Essential For The Services To Function

We use first-party cookies to help enable the Services to function, including to (1) keep track of preferences you specify while you use the Services, (2) access your information when you log into the Services to provide you with customized content and (3) manage the security of the Services.

 

First- and Third-Party Web Analytics Cookies

Through our Services, we may obtain personal information about your online activities over time and across third-party apps, websites, devices and other online services. On our Services, we use third-party online analytics services, such as those of Google Analytics. The service providers that administer these analytics services use automated technologies to collect data (such as email address, IP addresses, cookies and other device identifiers) to evaluate, for example, use of our Services and to diagnose technical issues. To learn more about Google Analytics, please visit www.google.com/analytics/learn/privacy.html. In addition, our Services use FullStory analytics cookies and similar technologies (local storage) to collect technical information from your device (such as IP address, device and operating system type, browser and approximate geographic location based on your device IP address), as well as information about your interactions with our Services (such as clickstream, browsing and keystroke data, and the referring URL and session duration). This information allows us to recreate your sessions so we can get a better understanding of how you use our Services, troubleshoot issues, and administer and improve our Services.

 

First- and Third-Party Advertising Cookies

Through our Services, both we and certain third parties may collect information about your online activities to provide you with advertising about products and services tailored to your individual interests. If we choose to participate in advertising networks, then you may see our ads on other websites or mobile apps. These networks track users’ online activities over time by collecting information through automated means, including through the use of browser cookies, web beacons, device identifiers, server logs, web beacons and other similar technologies. The networks use this information to show ads that may be tailored to individuals’ interests, to track users’ browsers or devices across multiple websites and apps, and to build a profile of users’ online browsing and app usage activities. The information our ad networks may collect includes data about users’ visits to websites and apps that participate in the relevant ad networks, such as the pages or ads viewed and the actions taken on the websites or apps. This data collection may take place both on our Services and on third-party websites and apps that participate in the ad networks to enable us to track the effectiveness of our marketing efforts.

To learn how to opt out of ad network interest-based advertising in the U.S., please visit www.aboutads.info/choices and http://www.networkadvertising.org/choices/. In the European Union, please visit www.youronlinechoices.eu.

 

Third-Party Cookies Intended To Improve The Interactivity Of The Services

Our Services may also support certain third-party services, including social sharing buttons (such as Facebook, Google , Instagram, Pinterest, and Twitter), Tweet lists from Twitter and videos posted on the Services from YouTube. These features use third-party cookies that are placed directly on your device by these services. The privacy practices of any third parties, including details on the information they may collect about you, are subject to the privacy notices of these parties, which we strongly suggest you review. Momofuku is not responsible for these third parties’ information practices.

 

Chatbot Logs

Our Services may also use a chatbot to provide automated customer assistance. A chatbot is a computer program that communicates with you, using text on a digital message interface and artificial intelligence. If you ask a question through a chatbot, the chatbot will reply to you in human-ish behavior. Chatbots uses an automated decision making process, when deciding on the correct answer to serve based on your question, and will receive message logs and usernames when you interact with the chatbot. Message logs contain information such as details of your account with us, including your username, e-mail address, phone number and address, as well as any other content you choose to submit when you make a customer support inquiry through the chatbot. If we use an outsourced chatbox vendor, the vendor will retain the content of those messages, together with responses to those messages and any outcome from those messages. This information will be retained for twelve (12) months and will be used only to provide customer support and improve the quality of the chatbot services.

 

Information Sharing

We do not disclose personal information we obtain about you, except as described in this Privacy Policy. We will share your personal information with our (1) subsidiaries and affiliates, and (2) third-party service providers who perform services on our behalf (such as payment processing and authorization, order fulfillment, transportation, customs clearance, marketing, data analytics, customer support and fraud prevention) for the purposes described in this Privacy Policy. We do not authorize our service providers to use or disclose the information except as necessary to perform services on our behalf or comply with legal requirements.

We also may disclose information about you: (1) if we are required to do so by law or legal process (such as a court order or subpoena); (2) in response to requests by government agencies, such as law enforcement authorities; (3) to establish, exercise or defend our legal rights; (4) when we believe disclosure is necessary or appropriate to prevent physical or other harm or financial loss; (5) in connection with an investigation of suspected or actual illegal activity; (6) in the event we sell or transfer all or a portion of our business or assets (including in the event of a reorganization, dissolution or liquidation); or (7) otherwise with your consent.

 

Data Transfers

We may transfer the personal information we collect about you to recipients in countries other than the country in which the information originally was collected. Those countries may not have the same data protection laws as the country in which you initially provided the information. When we transfer your information to recipients in other countries (such as the U.S.), we will protect that information as described in this Privacy Policy and will comply with applicable legal requirements providing adequate protection for the transfer of personal information to recipients in countries other than the one in which you provided the information.

 

Your Rights And Choices

We offer you certain choices in connection with the personal information we obtain about you. For example, if you have created an account with us, you can change your communication preferences by logging into your account and clicking on “Communication Preferences”. To the extent provided by applicable law, you also can object to the use of your personal information for direct marketing purposes and unsubscribe from our marketing mailing lists by following the “Unsubscribe” link in our emails, texting STOP to the short code number from which our SMS are being sent or contacting us as specified in the How to Contact Us section below. We will apply your preferences going forward.

To the extent provided by applicable law, you may: (1) request access to the personal information we maintain about you; (2) request that we update, correct, amend, or erase your information; or (3) request the restriction of our use of your personal information, by contacting us as specified in the How to Contact Us section below.

Depending on your location, you may have the right to file a complaint with a privacy regulator if you are not satisfied with our response.

If you are a California consumer, for more information about your privacy rights, please see our “California Privacy Policy.”

 

Other Online Services And Third-Party Features

Our Services may provide links to other online services and websites for your convenience and information, and may include third-party features such as apps, tools, widgets and plug-ins (e.g., Facebook, Google , Instagram, LinkedIn, Pinterest, Twitter, and YouTube). These services, websites, and third-party features may operate independently from us. The privacy practices of these third parties, including details on the information they may collect about you, are subject to the privacy statements of these parties, which we strongly suggest you review. To the extent any linked online services or third-party features are not owned or controlled by us, Momofuku is not responsible for these third parties’ information practices.

 

Retention Of Personal Information

To the extent required by applicable law, we keep the personal information you provide for the duration of our relationship, plus a reasonable period to comply with the applicable statute of limitations or if otherwise required under applicable law.

 

How We Protect Personal Information

We maintain administrative, technical and physical safeguards designed to protect personal information we obtain through the Services against accidental, unlawful or unauthorized destruction, loss, alteration, access, disclosure or use.

 

Children’s Personal Information

The Services are designed for a general audience and are not directed to children under the age of 18. Momofuku does not knowingly collect or solicit personal information from children under the age of 18 through the Services. If we learn that we have collected personal information from a child under the age of 18, we will promptly delete that information from our records. If you believe that a child under the age of 18 may have provided us with personal information, please contact us as specified in the How to Contact us section of this Privacy Policy.

 

Updates To Our Privacy Policy

This Privacy Policy may be updated periodically and without prior notice to you to reflect changes in our personal information practices. We will indicate at the top of the Privacy Policy when it was most recently updated.

 

How To Contact Us

If you would like to exercise your privacy rights or if you have any questions about this Privacy Policy, please contact us at:

MomoIP, LLC
c/o Momo Holdings LLC
104 W. 27th St, 9th Floor
New York, NY 10001
Attn: Privacy Officer
privacy@momofuku.com

Subject to applicable law, data requests submitted by email or sent via postal mail may require that you provide additional documentation necessary to confirm your identity.

 CALIFORNIA CONSUMER PRIVACY STATEMENT 

Effective Date: May 26, 2020

This California Consumer Privacy Statement (“Statement”) supplements the Momofuku Privacy Policy. It applies solely to California consumers and addresses personal information we may collect online and offline, including from our employees and applicants for employment.

This California Consumer Privacy Statement uses certain terms that have the meaning given to them in the California Consumer Privacy Act of 2018 and its implementing regulations (the “CCPA”).

 

Notice of Collection and Use of Personal Information

We may collect (and may have collected during the 12-month period prior to the effective date of this Statement) the following categories of personal information about you:

1. • Identifiers: identifiers such as a real name, alias, postal address, unique personal identifier (such as a device identifier; cookies, beacons, pixel tags, mobile ad identifiers and similar technology; customer number, unique pseudonym, or user alias; telephone number and other forms of persistent or probabilistic identifiers), online identifier, internet protocol address, email address, account name, Social Security number, driver’s license number, passport number, and other similar identifiers

1. • Additional Data Subject to Cal. Civ. Code § 1798.80: signature, state identification card number, education, bank account number, credit card number, debit card number, and other financial information, and medical information

1. • Protected Classifications: characteristics of protected classifications under California or federal law, such as race, national origin, age, sex, gender, gender identity, marital status, medical condition, disability, citizenship status, and military and veteran status

1. • Commercial Information: commercial information, including records of personal property, products or services purchased, obtained, or considered, and other purchasing or consuming histories or tendencies

1. • Online Activity: Internet and other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding your interaction with websites, applications or advertisements

1. • Geolocation Data

1. • Sensory Information: audio, electronic, visual and similar information

1. • Employment Information: professional or employment-related information

1. • Inferences: inferences drawn from any of the information identified above to create a profile about you reflecting your preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.

 

We may use (and may have used during the 12-month period prior to the effective date of this Statement) your personal information for the purposes described in our general Privacy Policy and for the following business purposes specified in the CCPA:

1. • Performing services, including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing advertising or marketing services, providing analytics services, or providing similar services
   • Auditing related to a current interaction with you and concurrent transactions, including, but not limited to, counting ad impressions to unique visitors, verifying positioning and quality of ad impressions, and auditing compliance
   • Short-term, transient use, including, but not limited to, the contextual customization of ads shown as part of the same interaction
   • Detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, and prosecuting those responsible for that activity
   • Debugging to identify and repair errors that impair existing intended functionality
   • 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 us, and to improve, upgrade, or enhance the service or device that is owned, manufactured, manufactured for, or controlled by us.
   • Managing employment and/or career opportunities with Momofuku.

 

Sources of Personal Information

We may have obtained personal information about you from various sources, as described below.

During the 12-month period prior to the effective date of this Statement, we may have obtained personal information about you from the following categories of sources:

1. • Directly from you, such as when you make a purchase
   • From your devices, such as in connection with your use of our website
   • Your family or friends in connection with their use of the website, such as by sending information about our products directly to you
   • Our affiliates and subsidiaries
   • Vendors who provide services on our behalf
   • Social networks
   • Online advertising companies
   • Government entities

 

Sale of Personal Information

We do not sell your personal information in exchange for monetary compensation. We may allow certain third parties (such as certain advertising partners) to collect your personal information via automated technologies on our website in exchange for non-monetary consideration (such as an enhanced ability to serve you content and advertisements that may be of interest to you). You have the right to opt out of this disclosure of your information, as detailed below.

During the 12-month period prior to the effective date of this Statement, we may have sold the following categories of personal information to online advertising services and advertising networks:

1. • Identifiers
   • Protected Classifications
   • Commercial information
   • Online Activity
   • Inferences

We do not sell the personal information of minors under 16 years of age without affirmative authorization if we have actual knowledge of the individual’s age.

 

Sharing of Personal Information

During the 12-month period prior to the effective date of this Statement, we may have shared your personal information with certain categories of third parties, as described below.

We may have disclosed the following categories of personal information about you for a business purpose to the following categories of third parties:

Category of Personal Information	Category of Third Party
Identifiers	o   Our affiliates o   Vendors who provide services on our behalf o   Professional services organizations, such as auditors and law firms o   Online advertising services and advertising networks o   Internet service providers o   Data analytics providers o   Operating systems and platforms o   Social networks
Additional Data Subject to Cal. Civ. Code § 1798.80 Law	o   Our affiliates o   Vendors who provide services on our behalf o   Professional services organizations, such as auditors and law firms
Protected Classifications	o   Our affiliates o   Vendors who provide services on our behalf o   Professional services organizations, such as auditors and law firms o   Online advertising services and advertising networks o   Internet service providers o   Data analytics providers
Commercial Information	o   Our affiliates o   Vendors who provide services on our behalf o   Professional services organizations, such as auditors and law firms o   Online advertising services and advertising networks o   Internet service providers o   Data analytics providers
Online Activity	o   Our affiliates o   Vendors who provide services on our behalf o   Professional services organizations, such as auditors and law firms o   Online advertising services and advertising networks o   Internet service providers o   Data analytics providers o   Operating systems and platforms o   Social networks
Geolocation data	o   Our affiliates o   Vendors who provide services on our behalf o   Professional services organizations, such as auditors and law firms o   Online advertising services and advertising networks o   Internet service providers o   Data analytics providers o   Operating systems and platforms o   Social networks
Sensory Information	o   Our affiliates o   Vendors who provide services on our behalf o   Professional services organizations, such as auditors and law firms o   Online advertising services and advertising networks o   Internet service providers o   Data analytics providers o   Operating systems and platforms o   Social networks
Employment Information	o   Our affiliates o   Vendors who provide services on our behalf o   Professional services organizations, such as auditors and law firms o   Internet service providers
Inferences	o   Our affiliates o   Vendors who provide services on our behalf o   Professional services organizations, such as auditors and law firms o   Online advertising services and advertising networks o   Internet service providers o   Data analytics providers o   Operating systems and platforms o   Social networks

In addition to the categories of third parties identified above, during the 12-month period prior to the effective date of this Statement, we may have shared personal information about you with government entities.

 

California Consumer Privacy Rights

You have certain choices regarding our use and disclosure of your personal information, as described below.

1. • Access: You have the right to request, twice in a 12-month period, that we disclose to you the personal information we have collected, used, disclosed and sold about you during the past 12 months.

 

1. • Deletion: You have the right to request that we delete certain personal information we have collected from you.

 

1. • Opt-Out of Sale: You have the right to opt-out of the sale of your personal information.

 

1. • Shine the Light Request: You also may have the right to request that we provide you with (a) a list of certain categories of personal information we have disclosed to third parties for their direct marketing purposes during the immediately preceding calendar year and (b) the identity of those third parties.

How to Submit a Request: To submit an access or deletion request, to submit  Shine the Light request or to opt our of the sale of your personal information, email us at orchardprivacy@momofuku.com.

Verifying Requests: To help protect your privacy and maintain security, we will take steps to verify your identity before granting you access to your personal information or complying with your request. If you have an account with us, we verify your identity by requiring you to sign in to your account. If you do not have an account with us and you request access to or deletion of your personal information, there may be no reasonable method by which we can verify your identity to the level of certainty required by the CCPA.

Additional Information: If you choose to exercise any of your rights under the CCPA, you have the right to not receive discriminatory treatment by us. To the extent permitted by applicable law, we may charge a reasonable fee to comply with your request.

For questions or concerns about our privacy policies and practices, please contact us at orchardprivacy@momofuku.com.