Privacy Policy Last Updated on August 17th, 2024. These updated Terms of Service are effective immediately for those with pre-existing accounts and those registering accounts after August 17th, 2024. 1. ACCEPTANCE OF TERMS AND CONDITIONS OF THE PRIVACY POLICY THE TERMS AND CONDITIONS OF THIS PRIVACY POLICY (the “PRIVACY POLICY”) ARE A LEGAL AND BINDING AGREEMENT BETWEEN YOU AND NINEPIKE (“Ninepike”). The Privacy Policy and the Terms of Service – User Agreement (the “Terms”) govern your use of both the Ninepike website (www.ninepike.com) (the “Site”). By using the Site, you explicitly agree to be bound by the provisions of the Privacy Policy. You shall also be subject to any additional terms posted with respect to individual sections of the Site. Please review the Privacy Policy carefully and completely before you continue to use the Site. If you do not agree with any of the Terms’ provisions, please discontinue using the Site. 2. TERMS OF SERVICE – USER AGREEMENT THE TERMS AND CONDITIONS OF THE TERMS OF SERVICE (the “Terms”) ALSO GOVERN YOUR USE OF THE SITE AND ARE PART OF THE LEGAL AND BINDING AGREEMENT BETWEEN YOU AND NINEPIKE. Please carefully and completely review our Terms of Service. By using the Site, you explicitly agree to be bound by the provisions of the Terms. If you do not agree with any of the Privacy Policy’s provisions, please discontinue using the Site. 3. CHANGES TO THE TERMS AND PRIVACY POLICY Ninepike expressly reserves the right to make changes to both the Terms and the Privacy Policy at any time and for any reason that it, in its sole discretion, deems appropriate. Changes to the Terms and the Privacy Policy shall take immediate effect and will apply to all pre-existing accounts and those accounts registering after the date of the changes without limitation. Users who have successfully registered with Ninepike shall receive email notification of any substantive changes to the Terms or Privacy Policy within ten days of their taking effect. Despite these efforts to notify you of substantive changes, all users should check this page periodically to stay abreast of any changes to the Privacy Policy. Ninepike will never make changes to the Privacy Policy that violate any applicable privacy laws, including CAN-SPAM, Safe Harbor, PIPA, or other commercial privacy standards. 4. SCOPE OF THE PRIVACY POLICY This web site (www.ninepike.com) (the “Site”) is operated and made available by Ninepike. We refer to this organization as “Ninepike,” “we” or “our.” We are committed to protecting your privacy. Our Privacy Policy tells you what information we collect when you visit the Site, how we use, share and protect it, what choices you have about how the information is used, and how you can access and update that information. If you do not agree with any provision of this Privacy Policy, please discontinue using the Site. This Privacy Policy applies to personally identifiable information collected on the Site where this Privacy Policy is posted. For purposes of this Privacy Policy, “personally identifiable information” means information that identifies a particular individual, such as name, postal address and e-mail address. When other information, such as e-mail and other Site preferences, is directly associated with personally identifiable information, this other information also becomes personally identifiable information. 4. NINEPIKE IS A GUIDE ONLY The purpose of Ninepike, the Site, is to provide a guide to allergy-friendly restaurants and businesses. Ninepike does not guarantee that any of the information provided on the Site is accurate or complete. The Site provide a guide only that is in no way meant to be a replacement for contacting a particular restaurant or business to inquire about the ingredients, policies, and procedures it uses with respect to your unique allergy needs and other issues including intolerance. Further, Ninepike does not guarantee nor does it confirm that the restaurants and businesses associated with the Site use adequate processes or other safeguards to prevent cross-contamination of allergens or other food products. Ninepike also does not guarantee nor does it confirm the safety of food items for certain allergies. 5. NINEPIKE DOES NOT OFFER MEDICAL ADVICE Ninepike.com does not offer medical advice. Information provided on this Site is provided to you for informational purposes ONLY. None of the information provided is intended to diagnose, treat, cure, or prevent any disease. It is not meant to be a substitute for the professional and personal advice provided by your own physician or dietitian. Always consult your doctor or other qualified health care professional if you have any questions about a medical condition, or before taking any drugs or nutritional supplements, changing your diet or commencing or discontinuing any course of treatment. Never disregard professional medical advice or delay seeking medical attention because of something you read on this website. Always verify the safety of any food products with respect to your unique allergy(ies) or intolerance(s) by contacting the particular restaurant and/or manufacturer to make sure that the foods are safe for your consumption. It is and remains your responsibility to evaluate the accuracy, completeness, and usefulness of the information provided on the Site. Statements and opinions expressed on the Site should be viewed and used cautiously, and should be considered as an opinion of the individuals who expressed them, and not the view, ideas, opinions, or advice of Ninepike. Information and statements provided on the Site and the Mobile App have not been evaluated by the Food and Drug Administration. 6. INFORMATION YOU WILL BE ASKED TO PROVIDE AND INFORMATION COLLECTION If you are interested in participating in activities on the Site, you may need to provide us with information about yourself. For example, if you become a registered member, you will be asked to provide your name, an email address and a password of your choice. When registered, you will automatically begin to receive periodic emails from Ninepike. However, you may subsequently choose to unsubscribe by following the steps discussed in the section titled “Email Policy” below. In addition, we may combine personally identifiable information that you have provided to us with other information that is publicly available or that we receive from other reputable sources. In addition to information you choose to provide to us, we also collect non-personally identifiable information through technology to make both the Site more interesting and useful to you. For instance, when you come to the Site, we collect your Internet Protocol (“IP”) address. An IP address is often associated with the portal through which you enter the Internet, like your ISP (Internet service provider). Standing alone, your IP address is not personally identifiable. At times, we also use IP addresses to collect information regarding the frequency with which our visitors visit various parts of the Site. We may combine this information with personally identifiable information that you have provided to us and/or with other information that is publicly available or that we receive from other reputable sources in order to make the Site and communications more targeted to your interests. Log-in areas on the Site require that your browser accept cookies. A cookie is a small amount of information that is sent from a web server to your browser and stored on your computer’s hard drive. Ninepike uses cookies to verify that you are properly signed in and to display information consistent with your settings, for example. Ninepike may also use cookies from time to time to measure your response to new aspects of the Site and/or emails in an effort to continually improve customer service and Site usability. Please be aware that a cookie cannot spread computer viruses, retrieve any other data from your hard drive, or capture your email address. You can erase or block cookies from your computer if you wish to do so (your internet browser help screen or manual will thoroughly explain this process), but certain Ninepike services, as well as parts of the Site, may not work correctly or will not work at all if your browser is set not to accept cookies. All pages within the Ninepike.com site and the Ninepike.com/blog site employ traffic monitoring code that collects data on user activity. This data is then aggregated and analyzed to improve the site’s usability and provide more meaningful content for users. No personally identifiable information is collected. We may share Site usage information about visitors to the Site with our web advertising partners for the purpose of managing and targeting advertisements and for market research analysis on theSite. None of this information is personally identifiable information. Once you have clicked on an advertisement and left the Site, our Privacy Policy no longer applies and you should read the privacy policy of the advertiser to see how your personally identifiable information will be treated on its site. 7. EMAIL POLICY By registering for the Site, you consent to initially receiving periodic emails from Ninepike. If you would like to unsubscribe from automatically receiving emails from Ninepike, please follow the directions to SafeUnsubscribe at the bottom of any of the emails you receive from Ninepike. You will never receive email from any third party affiliated with Ninepike, such as a restaurant, unless you have affirmatively opted to receive such email. In accordance with our Privacy Policy, we do not share any of your individual information without your prior consent. 8. PURPOSES AND USE OF PERSONAL INFORMATION Ninepike may use your personally identifiable information to enhance your experience on the Site, provide you with informational and/or promotional materials that you might find interesting, and for purposes consistent with this policy. In particular, Ninepike may use your personal information for the following purposes: To provide more customized query results; To provide you with information about the services of the Site; To provide services which Registered Users are entitled to under applicable terms and conditions; To produce aggregate statistical data for the improvement of services offered by the Site; To provide you with updates to our privacy policy and other administrative communications; To provide you with dining coupons and other products and services of the Site; and For any other purposes related to those above. 9. INFORMATION SHARING AND DISCLOSURE We take very seriously our responsibility to maintain your privacy with respect to your personally identifiable information. Ninepike will never sell, rent, loan or otherwise distribute any of your personal information (including but not limited to your name, email address, or any other identifiable information about you) to any third party without your prior expressed written consent, except with respect to the following entities, and only in the manner described below. Ninepike does use aggregate data (based partly on IP addresses of site visitors) collected through its website to analyze website usability, system performance and usage trends. While this data, in its aggregate form only, may be shared with third parties with whom Ninepike works to analyze it, the data will only be shared under the strictest terms of confidentiality and will never contain any personally identifiable information pertaining to any user of the Site. If you choose to provide feedback on your dining experience by rating a restaurant and/or providing any feedback in the blog or message board, any feedback you provide may be shared with other diners to enhance information on the Site with restaurants to let restaurants know how they are doing. Your feedback will not be publicized in a way that is attributable to you by name, email address, or any other identifiable form, with the exception of your user name, unless you choose to provide that information within your feedback itself. Notwithstanding anything to the contrary in this privacy policy, Ninepike may be required to disclose user and personal information in response to inquiries by formal law enforcement, or in cases permitted by the United State’s CAN-SPAM Act of 2003 (CAN-SPAM), the European Union’s Safe Harbor Provisions (“Safe Harbor”), Japan’s Personal Information Protection Act (“PIPA”), or other related privacy laws and regulations. 10. VIEWING YOUR PROFILE AND CHANGING YOUR PERSONAL INFORMATION Once a registered user logs on to the Site, that member can view his or her personal information stored by Ninepike by clicking on the “My Profile” link at the top of the page. Every user may also view and change the following personal information: name, email address, password, address (if it has been provided by the user), and whether that user would like to continue to receive marketing communications from Ninepike. Members can provide and share restaurant comments and feedback about the restaurants affiliated with the the Site. Members at any time may contact Ninepike to request that all personal information be deactivated. 12. RESTAURANTS AND BUSINESSES IN NINEPIKE NETWORK The restaurants and other businesses within the Site are separate businesses from Ninepike. Ninepike will not be responsible if these restaurants or other businesses fail to comply with the provisions of this Privacy Policy or otherwise fail to undertake precautions to protect your information. Any complaints or inquiries regarding use of your information by an external restaurant or business, or marketing communications from an external restaurant or business should be addressed directly to the restaurant or business in question. Restaurants within the Ninepike network may also have their own websites. Ninepike is not responsible for how these businesses collect your personal information through their own websites. Please contact the appropriate business regarding its website’s privacy policy (if applicable) and how it will access or use your personal information. 13. HOW NINEPIKE PROTECTS YOUR REGISTRATION INFORMATION Ninepike uses a state-of-the-art multi-layer encryption algorithm and makes its best efforts to ensure that all of your user information is secure. In addition, Ninepike stores all of your personal information on a secure server. Ninepike employs a staff that regularly maintains the security of all personal information stored, and that continually monitors and implements changes and improvements that become available in the electronic data security industry. 14. DISCLOSURE AND SUSPENSION OF USE OF PERSONAL INFORMATION If you wish to have Ninepike disclose to you the personal information held by Ninepike and the means through which Ninepike obtained such information, or if you desire the information’s correction, suspension of use, deletion from our servers, or to be informed of the purpose of use by Ninepike, please contact Ninepike. (Contact information is provided in the “Contact Us” section below.) Upon receiving the request, Ninepike shall meet such request pursuant to the provisions of each applicable privacy regulation after it confirms that such request has been made by you personally. Because we plan our communications in advance, it may take several weeks for your request to become effective. If, due to human error or otherwise, you continue to receive our communications, please contact us again and we will make every effort to correct the situation. 15. LINKS TO OTHER SITES We may provide links on the Site to other sites or mobile applications. These sites operate independently of Ninepike and may have established their own privacy and security policies. We encourage you to be aware when you leave the Site and to read these policies at any site you visit. 16. PERSONALLY IDENTIFIABLE INFORMATION CONTAINED IN USER CONTENT Some sections of the Site may allow users to post or transmit messages, comments, screen names, computer files and other materials. Ninepike does not monitor such transmissions, and therefore cannot be responsible for any personally identifiable information or other information that may be contained in such transmissions. 18. CONTACT US If you have questions or wish to send us comments about this Privacy Policy, please contact us at administrator@ninepike.com