412 Food Rescue, Inc.

Food Rescue Hero Application Privacy Policy

Last modified: July 31, 2025

412 Food Rescue, Inc., (collectively, “we”, “our” and/or "412 Food Rescue”) is committed to protecting your privacy. This Privacy Policy (the “Policy”) outlines the data collection practices used by 412 Food Rescue in connection with your use of the Food Rescue Hero Application (the “Application”), including the types of information that 412 Food Rescue may collect from you or that you may provide when you visit the Application, how we use that information and who we will share that information with, if at all. Capitalized terms not defined in this Policy will have the meaning stated in our Terms of Use.

This Policy applies to any information that directly or indirectly identifies an individual or which, when combined with other information, allows an individual to be identified (“Personal Information”), that is collected on the Application, or through any online or in-person events relating to training, marketing, or recruiting. This Policy does not apply to Personal Information collected by any unaffiliated websites or services that link to or are accessible from the Application. This Policy does not replace or override any terms directly established between you and 412 Food Rescue.

Please read this Policy carefully to understand 412 Food Rescue’s policies and practices regarding the handling of your information. If you do not agree with these policies and practices, you should not use the Application. By accessing or using the Application, you agree to be bound by this Policy. 412 Food Rescue may change this Policy from time to time in its sole discretion. If you continue to access or use the Application after any such changes, you will be deemed to have accepted the changes. It is your responsibility to check this Policy periodically for updates.

This Privacy Policy does not address, and we are not responsible for, the privacy, information or other practices of any third parties, including any third party operating any website, application or service to which the Application link. The inclusion of a link on the Application does not imply endorsement of the linked site or service by us or by our affiliates. If you click on a link that directs you away from our websites, including but not limited to Stripe, we are not responsible for the privacy practices of other websites and encourage you to read their privacy statements.

1. What 412 Food Rescue Collects and Why

412 Food Rescue collects and processes several categories of Personal Information of individuals who visit or use the Application, or otherwise interact or engage with 412 Food Rescue or the Application (the “Users”). The categories include (a) information provided directly to 412 Food Rescue by Users; and (b) information collected by automated processes.

1. Information Provided by You

412 Food Rescue may collect Personal Information directly from Users interacting with 412 Food Rescue through the Application, or by phone, email, regular mail, or in-person.

1. Donation Intake Information: This information may include the business name, business address, business contact name, email, phone number, as well as, donation contents, weight, timestamps of updates, and activity log of updates (“Donation Information”).
2. Volunteers: This information may include the User’s first and last name, phone number, address, email address, car type, and photographs, which will include photos of the food rescue, however, access to the User’s mobile device photo library will only occur after the User grants the Application permission to access the photo library (“Volunteer Information”).
3. Nonprofit Rescue Partners (“Partner”): This information may include the Partner name, phone number, address, category, hours, Partner contact name, contact phone number, contact email address, contact preferences, size of population served, food preferences/restrictions, rescue history, pickup or delivery weight, timestamps of updates, contents of pickup or delivery and activity log of updates (“Partner Information”, collectively, with Donation Information and Volunteer Information, the “Other Information”).
4. Home Delivery Recipients: This information may include first and last name and address.

This information includes:

• Information that you provided by filling in forms on the Application. This includes information provided at the time of registering to use the Application, filling out Donation Intake Forms, signing up as a Nonprofit Rescue Partner, and requesting further services in connection with a local entity and requesting home delivery.
• Records and copies of your correspondence (including email addresses and phone numbers) if you contact us.
• Details of transactions you carry out through the Application and fulfillment of the transactions.

2. Information Collected Automatically

412 Food Rescue collects Personal Information when you use the Application:

• Internet protocol (IP) address, which may consist of a static or dynamic IP Address and will sometimes point to a specific identifiable mobile device;
• Mobile Device Type, which may include advertising identifier, operating system and version, carrier and network type;
• Device’s telephone number; and
• Geolocation Information, which certain features and functionalities of the Application are based on your location. In order to provide these features and functionalities while you are using your mobile device, 412 Food Rescue may, with your consent, and while you are using the Application, automatically collect Geolocational Information from your mobile device or wireless carrier and/or certain third-party service providers (collectively, “Geolocation Information”). Collection of such Geolocational Information occurs only when the App is running on your device. You may decline to allow 412 Food Rescue to collect such Geolocational Information, in which case 412 Food Rescue will not be able to provide certain features or functionalities to you.

For information about how 412 Food Rescue uses cookies, please review 412 Food Rescue’s Cookies Policy (Section 6).

2. How 412 Food Rescue Uses Personal Information

As a User you authorize 412 Food Rescue to use the Personal Information, Geolocation Information, and Other Information (collectively, the “Information”) collected to:

• Provide and improve our Application, and develop new products or offerings;
• Provide our services, including but not limited to food rescue and delivery services;
• Administer 412 Food Rescue’s promotional programs;
• Communicate with you regarding the Application;
• Respond to User inquiries and fulfill User requests, complete your transactions and provide you with related customer service;
• Provide technical support and operational customer service;
• Business purposes, such as data analysis, user research, audits, fraud monitoring and prevention, identify usage trends, determine effectiveness of promotional campaigns, operate and expand business activities, conduct internal and external review of data, with and without anonymization for benchmarking;
• Solicit your feedback;
• Inform you about additional activities or volunteer opportunities;
• Protect the safety and security of the Application, businesses and Users;
• Comply with legal proceedings.

In order for 412 Food Rescue to provide its services and administer its promotional programs, we may share the Information with our marketing, fundraising, partner success partners, inhouse and third-party, including, without limitation, businesses participating in our various programs.

In an ongoing effort to better understand our Users, the Application, and our services, we may analyze certain Information in anonymized and aggregate form to operate, maintain, manage, and improve the Application and/or such services. This aggregate information does not identify you personally. We may share and/or license this aggregate data to our affiliates, agents, business, and promotional partners, and other third parties. We may also disclose aggregated user statistics to describe the Application and these products and services to current and prospective business partners and investors and to other third parties for other lawful purposes.

3. Basis for Collection

412 Food Rescue collects Information for a variety of reasons. Generally, 412 Food Rescue‘s purpose for collecting Personal Information varies by circumstance, and may include one or more of the following reasons: (a) You have consented to the collection; (b) collecting your information is necessary for you to effectively use the Application; and/or (c) 412 Food Rescue has a legitimate interest in collecting and processing your information that is not overridden by your data protection interests or rights.

4. Disclosure of Your Information

412 Food Rescue does not intend to disclose your Personal Information in connection with your normal use of the Application to anyone except those identified in this Policy. 412 Food Rescue may disclose, without restriction, aggregated information about Users and/or Information that does not identify any individual.

412 Food Rescue may disclose Personal Information:

• To 412 Food Rescue’s subsidiaries and affiliates.
• To contractors, service providers, and other third parties that 412 Food Rescue uses to support its business and who 412 Food Rescue will use commercially reasonable efforts to ensure are bound by contractual obligations to keep Personal Information confidential and use it only for the purposes for which 412 Food Rescue discloses it to them.
• 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 412 Food Rescue’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by 412 Food Rescue about its users is among the assets transferred.
• To fulfill the purpose for which you provide it.
• Payment processors and facilitators like Stripe.
• For any other purpose disclosed by us when you provide the information.     
• In response to a lawful request by public authorities, including to meet national security or law enforcement requirements.
• Whenever we believe that disclosing such Information is necessary or advisable, for example, to protect the rights, property, or safety of us or others, including you.
• With your consent.

412 Food Rescue will never sell, rent, trade, or lease your information, and will only use your information as identified in this Policy.

5. Third Party Payment Processing

This Privacy Policy does not apply to information from or about you collected by third parties such as 412 Food Rescue’s service providers, including by not limited to, Stripe. 412 Food Rescue will use third party payment services to process donations made through Mobile Giving in the Application. If you wish to make a donation through the Application, your Personal Information may be collected by such third party and not by 412 Food Rescue, and will be subject to the Stripes privacy policy, rather than this Policy. We recommend that Users read their privacy policies so you can understand the manner in which your Personal Information will be handled by these third parties.

If you choose a direct payment gateway to complete your purchase, then Stripe stores your debit card, credit card or other payment related data. It is encrypted through the Payment Card Industry Data Security Standard (“PCI-DSS”). All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Vias, MasterCard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by Stripe and its providers.

6. Cookies

Our Application uses cookies, which are files that a mobile application places in a device’s memory. Cookies are used to make applications operational and efficient by providing information to the Application owner. Specifically, 412 Food Rescue uses “necessary cookies,” which are cookies that are essential for operation of the Application. Necessary cookies enable users to navigate the Application and access its features.

If you want to restrict or block the cookies that are set by our Application, you can do so through your mobile phone settings; however, please note that disabling cookies may affect your ability to access certain parts of this Application.

We may update this Cookies Policy from time to time. Any updates or changes will be reflected on this application. We recommend that you check this page regularly to review any changes.

7. Retention

412 Food Rescue retains Personal Information for varying periods of time depending on the following:

• The type of Personal Information;
• Whether the Personal Information is typically stored and erased in accordance with a specific schedule, such as information collected for marketing purposes;
• Whether the Personal Information must be retained to operate or provide the services;
• 412 Food Rescue’s legitimate interests or legal purposes, including record-keeping, safety, security, enforcing legal rights, fraud prevention, and network improvement; and
• Whether the Personal Information must be retained to comply with legal obligations, such as record-keeping requirements for regulatory audits.

8. Jurisdiction and Cross-Border Transfer

Your Personal Information may be stored and processed in any country where we have facilities or in which we engage service providers, and by using the Application you consent to the transfer of information to countries outside of your country of residence, including the United States, which may have data protection rules that are different from those of your country. In certain circumstances, courts, law enforcement agencies, regulatory agencies or security authorities in those other countries may be entitled to access your Personal Information.

9. Your Privacy Rights

As a data subject, you have certain privacy rights with regard to the handling of your Personal Information. Depending on your physical location or place of residence, you may have enhanced rights.

United States Privacy Laws

If you are a resident of one of the countries in the European Union, European Economic Area, the United Kingdom, Switzerland, Canada, South Africa or any state in the United States, that has enacted jurisdiction specific data privacy laws, and did not exempt nonprofits from data privacy regulation, your jurisdiction may provide you with additional rights regarding the use of your Personal Information. These rights may include:

• The right to access the information or categories of information collected;
• The right to have your Personal Information corrected or deleted, or to opt out from certain processing activities;
• The right to request that your Personal Information be disclosed in a common file format;
• The right to opt out of the sale of your Personal Information to third parties;
• The right to refuse automated decision-making using Personal Information; and
• A private right of action.

Authorized Agents: You may exercise your right to know or your request for deletion of your personal information, through the use of an authorized agent. A request from an authorized agent on your behalf will only be accepted if the authorized agent provides us with written proof they are authorized to act on your behalf. We may also require the authorized agent to verify their identity before accepting the request. 412 Food Rescue may deny requests from authorized agents that fail to provide proof of their status as an authorized agent or verification of their identity.

10. Additional Resources:

The following resources include more specific information about the CCPA, PIPEDA, GDPR, FADP, and POPIA and your respective rights thereunder (if applicable):

• Canada - PIPEDA: https://www.priv.gc.ca/en/privacy-topics/privacy-laws-in-canada/the-personal-information-protection-and-electronic-documents-act-pipeda/ 
• European Commission - GDPR:  https://gdpr-info.eu/
• United Kingdom - GDPR UK: https://www.gov.uk/data-protection 
• Switzerland - Federal Act on Data Protection (FADP):    

https://www.fedlex.admin.ch/eli/cc/2022/491/en

• South Africa  - POPIA: https://popia.co.za/act/ 

11. Data Security

412 Food Rescue has industry reasonable security measures in place to help protect against the loss, misuse, and alteration of the data under its control. The security measures include system and network components, and application components. When the Application is used or data is entered into, security measures such as Secure Socket Layer (SSL) technology, which protects information using both server authentication and data encryption to help ensure that the data are safe and secure. Additional security measures such as data minimization, two factor authentication, and access control and user management to the backend database with data to provide additional data protection.

412 Food Rescue makes a good faith effort to store Personal Information in a secure operating environment that is not open to the public but does not and cannot guarantee the security of your Personal Information. Any transmission of Personal Information is at your own risk. 412 Food Rescue is not responsible for circumvention of any privacy settings or security measures we provide. If 412 Food Rescue becomes aware that your Personal Information has been disclosed in a manner not in accordance with this Policy, reasonable efforts will be used to notify you of the nature and extent of the disclosure (to the extent that such information is known) as soon as reasonably possible and as permitted or required by law.

12. Children

The Application is not directed to children under the age of 13. We adhere to the Children’s Online Privacy Protection Act (COPPA) and will not knowingly collect Personal Information from any child under the age of 13. We ask that minors (under the age of 13) not use the Application. If a child under the age of 13 has provided us with Personal Information, a parent or guardian of that child may contact us and request that such information be deleted from our records.

13. Changes to the Privacy Policy

412 Food Rescue reserves the right to amend this Policy at any time, for any reason, without additional notice, other than through posting the updated Policy on the Application. The date this Policy was last revised is identified at the top of the page. Users are responsible for periodically visiting the Application and this Policy to review any changes.

14. Contact Information

To ask questions or provide comments about this Policy or 412 Food Rescue’s privacy practices, or to submit a complaint, contact us at: support@foodrescuehero.org.