Lexicon Holding Inc., the owner of ZestMama.com, (“We”, “Us”, “Our”) is committed to protecting the privacy and accuracy of confidential information to the extent possible, subject to provisions of state and federal law. We provide the ZestMama.com website (“Website”) which facilitates ordering of products (“Services”) through the entry of information (“Data”) and the use of communications (“Network”). You (“You”, “Your”) are a consumer, provider, or driver who is accessing our Website, Application, Services, Data, and Network. Other than as required by laws that guarantee public access to certain types of information, or in response to subpoenas or other legal instruments that authorize access, personal information is not actively shared, except with those commercial partners of Ours who require such access or who pay for such access.
Our servers collect information (“Data”) for providing the Services and for analytics and data-mining. We may sell the Data in raw, aggregated, or transformed format. Data may include, but is not limited to:
· Internet Protocol (IP) address of computer being used
· Make and model of computer being used
· web pages requested
· referring web page
· browser used
· date and time
· Internet Service Provider
· Cellphone provider
· Operating System
· Cellphone make and model
· Personally identifiable information which You enter, including age, sex, income, marital status, delivery address, billing address, payment methods, preferences, phone numbers and Service history
· Accessible images and audio from Your computer or cellphone
Lexicon reserves the right to collect Data on You using any legal means. Lexicon may use analytic and data-mining techniques to ascertain information about You from the Data in its possession. We associate this Data to individual personally identifiable information, wherever possible. To that end, Lexicon may associate Data You have provided with Data it has acquired and store them together as a profile. Lexicon may access publicly available information about You, including webpages, social media accounts, and blogs.
In addition to the IP address/browser information collected from visitors to the site, other information is collected and stored when users log in to view, use, or interact with content or forms that require passwords. Specifically, the following information is collected from users and mapped to a created account:
· Display Name (usually first and last name as: First LAST)
· User ID
· Email address
· Physical Address
· Phone numbers
· Payment information, including credit card number or paypal account
· Billing Address
In addition, if the user is a Provider, as defined by Our Terms and Conditions, We will collect descriptions, names, and images of products offered for sale.
In addition, if the user is a Driver, as defined by Our Terms and Conditions, We will collect insurance, vehicle, and driver’s license information.
We may use "cookies" in order to deliver web content specific to individual users' interests or to keep track of online purchasing transactions. Sensitive personal information is not stored within cookies.
Use of collected information:
We will use the Data for the purposes of (1) communication back to individuals who contact us via our channels of operation (i.e. Website, SMS, WhatsApp, Twitter, Facebook Messenger, etc.; (2) enabling users who are Consumers to place Orders with Providers; (3) enabling Providers and Consumers to contact one another; (4) enabling users to contact Drivers and then enabling two-way communication between them ; (5) enabling Provider, Drivers, and other third-party partners to contact Consumers with offers and promotions; (6) using the Data in conjunction with analytics to better market your profile to Providers and third-party partners and to identify usage patters; (7) presenting Consumers with special offers via e-mail, phone, text, or social media; (8) presenting Providers insights into Consumer usage patterns; and (9) monetizing, otherwise, the Data. We will share personally identifiable information with Providers and Drivers on only a need-to-know basis, as is required to fulfill Orders or provide the Services anticipated by the ZestMama.com Website. We will not share Payment methods with Drivers, Providers, or third-party partners, except as expressly directed by You. We will share personally identifiable information about You with people and entities who pay Us for access to the Data. We do not share payment method information with people and entities who pay Us for access to the Data.
We use browser-IP-address information and anonymous-browser history to report information about site accesses and for profiling purposes. This information is used to improve Web presentation and utilization. IP address information may also be used for troubleshooting purposes.
We use Consumer geolocation, order history, and demographic information to predict usage and provide such data to Providers and Drivers.
Distribution of collected information:
We will not disclose, without your consent, personally identifiable information collected about You, except for certain explicit circumstances disclosed, above, or as is required by law.
This Privacy Statement does not apply to any Linked Website, to any Provider website, or to any third-party partner website. You should review the privacy statements posted on these other websites when you visit them.
Privacy Statement Revisions:
This Privacy Statement was last revised on September 4, 2020. We may change this Privacy Statement at any time and for any reason. We encourage you to review this Privacy Statement each time you visit the web site.
Responsibility for External Sites:
This website may contain links to other web sites. Some of those web sites may be operated by third parties. We provide the links for your convenience, but we do not review, control, or monitor the privacy practices of web sites operated by others.
We are not responsible for the performance of web sites operated by third parties or for your business dealings with them. Therefore, whenever you leave Our Website we recommend that you review each website's privacy practices and make your own conclusions regarding the adequacy of these practices.
How to contact us
If you have any questions regarding this Privacy Statement, please contact us using the Contact page.
We own the Data we collect about You, regardless of the manner in which it is collected. We may collect Data using the Website, App., Services, or through any other legitimate means. We own the Data. We reserve the right to modify this Privacy Statement and our EULA and Terms and Conditions without notice. We reserve the right to monetize the Data in our sole discretion.
Lexicon Holdings Inc, its parents and affiliates (hereinafter collectively referred to as "Lexicon" "we" or "us") operates this mobile application (“App”), the website at ZestMama.com ("Website") and provides services thorough this App and that Website (the App, the Website, and the services will collectively be the "Services"). You (“You”) are the person or entity using the App and Services. You may be one or more of a Consumer, Provider, or Driver.
By your use of this App, whether or not you register, you agree to be bound by this End User License Agreement (“EULA”). This EULA is a legally binding contract between You and Lexicon Holdings Inc. This EULA, our Terms and Conditions, and our Privacy Statement, if you use the Services of the Website, constitute the complete Agreement between You and Us.
The App, Website and Services allow Consumers (“Consumers”) to order (“Order”) and pay (“Payment”) for food, beverages, and other products from various bars, restaurants, and other product Providers (“Providers”). Services also include, but are not limited to, the intermediation of cellphone or text messaging communication between Consumers and the Providers; allowing interested third-parties Drivers (“Drivers”) to transport Orders from Providers to Consumers; the creation and maintenance of Provider records; the creation and maintenance of Consumer; the creation and maintenance of Driver records; the creation and maintenance of review records concerning Consumers; the creation and maintenance of review records for Providers; the creation and maintenance of review records for Drivers; the maintenance of Payment records for Providers; the maintenance of Payment records for Drivers; the maintenance of Payment methods for Consumers; and enabling methods for Consumers, Providers, and Drivers to donate money to the charitable causes of their choice; sending communications and promotional offers via electronic mail, text message, or telephone call; providing access to Our websites, including mobile websites; providing QR-code enabled applications, such as QR-code-enabled ordering; providing drive-through voice-operated ordering systems; and sending communications, promotional offers, and otherwise interacting with You via social media, including, but not limited to Facebook®, Facebook® messenger, WhatsApp®, and Twitter® .
Your use of ZestMama.com Services) is subject to the terms and conditions of this EULA. You may be a Consumer, a Provider of products, or a third-party Driver. The Services are licensed, not sold, to You for use only under the terms of this license, unless a Service is accompanied by a separate license agreement, in which case the terms of that separate license agreement will govern, subject to Your prior acceptance of that separate license agreement. Lexicon Holdings Inc (“Application Provider”) reserves all rights not expressly granted to You. The Services provided by this APP that are subject to this license is referred to in this license as the “Licensed Application.”
a. Scope of License: This license granted to You for the Licensed Application by Application Provider is limited to a non-transferable license to use the Licensed Application on any mobile device (“Device”), such as an iPhone, iPad, iPod touch, Google Pixel, Samsung Galaxy, Samsung Edge, Samsung Note, an LG G or Q, a Motorola Motor or other compatible device that You own or control and as permitted by the EULA. This EULA does not allow You to use the Licensed Application on any Device that You do not own or control, and You may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Licensed Application. You may not copy (except as expressly permitted by this license and the EULA), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included with the Licensed Application). Any attempt to do so is a violation of the rights of the Application Provider and its licensors. If You breach this restriction, You may be subject to prosecution and damages. The terms of the license will govern any upgrades provided by Application Provider that replace and/or supplement the original Service, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
b. Consent to Use of Data: As part of using the Services and the Licensed Application, you will enter personally identifiable information, such as name, address, phone number, and preferences. In addition, You agree that Application Provider may collect and use technical data and related information, including but not limited to geolocation data, technical information about Your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, Service support and other services to You (if any) related to the Licensed Application. Application Provider may use this information may use this Data, including personally identifiable data, in any manner that the Application Provider deems fit. This includes, but is not limited to, aggregating your Data, combining your aggregated Data with the aggregated Data of other users, performing transforms on both your aggregated dated and on the combination of your aggregated Data and the data of other users, data-mining, running analytics, fingerprinting., and selling any of the foregoing to third-party data purchasers
You further agree and acknowledge that the Application Provider may collect, use, and sell personally-identifiable (“PI”) data about You and your Use of the Licensed Application, including, but not limited to, demographic information without limitation; preferences; time-specific location information; and movement data.
c. Termination. The EULA is effective until terminated by You or Application Provider. Your rights under this EULA will terminate automatically without notice from the Application Provider if You fail to comply with any term(s) of this license. Upon termination of the license, You shall cease all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.
d. Services; Third Party Materials. The Licensed Application may enable access to Application Provider’s and third party services and web sites (collectively and individually, "Services"). Use of the Services may require Internet access and that You accept additional terms of service.
You understand that by using any of the Services, You may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, You agree to use the Services at Your sole risk and that the Application Provider shall not have any liability to You for content that may be found to be offensive, indecent, or objectionable.
You agree that any Services contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that You will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Services. No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and You shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that the Application Provider is not in any way responsible for any such use by You, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that You may receive as a result of using any of the Services.
In addition, third party Services and Third Party Materials that may be accessed from, displayed on or linked to from Your Device are not available in all languages or in all countries. The Application Provider reserves the right to limit the geographic reach of the Services and the Licensed Application. The Application Provider further reserves the right to limit the languages in which the Licensed Application may be available. The Application Provider makes no representation that such Services and Materials are appropriate or available for use in any particular location. To the extent You choose to access such Services or Materials, You do so at Your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. The Application Provider, and its licensors, reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will the Application Provider be liable for the removal of or disabling of access to any such Services. The Application Provider may also impose limits on the use of or access to certain Services, in any case and without notice or liability.
e. NO WARRANTY: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE LICENSED APPLICATION IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE LICENSED APPLICATION ("SERVICES") ARE PROVIDED "AS IS" AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND APPLICATION PROVIDER HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE LICENSED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. APPLICATION PROVIDER DOES NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE LICENSED APPLICATION, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE LICENSED APPLICATION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE LICENSED APPLICATION OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE LICENSED APPLICATION OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY APPLICATION PROVIDER OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE LICENSED APPLICATION OR SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU.
f. Limitation of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL APPLICATION PROVIDER BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF APPLICATION PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. In no event shall Application Provider’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of five dollars ($5.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
g. You may not use or otherwise export or re-export the Licensed Application except as authorized by United States law and the laws of the jurisdiction in which the Licensed Application was obtained. In particular, but without limitation, the Licensed Application may not be exported or re-exported (a) into any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Licensed Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these Services for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture or Service of nuclear, missiles, or chemical or biological weapons.
h. The Licensed Application and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
i. The laws of the State of Illinois, excluding its conflicts of law rules, govern this license and your use of the Licensed Application. Your use of the Licensed Application may also be subject to other local, state, national, or international laws.