Privacy Policy of Local Express, Inc.

Last updated: January 21, 2022

Scope & Applicability of this Privacy Policy (“Privacy Policy” or, “Policy”)

This Policy relates to the operations and affairs of Local Express, Inc. (also known herein as “we”, “us”, or “our”) and is provided by us to any of our customers, website users, app users or any relevant third parties of who we may collect personally identifiable information (“Personally Identifiable Information”). This Privacy Policy shall apply to Local Express, Inc.’s data protection matters in respect of Personally Identifiable Information provided and/or collected either online at our website, www.localexpress.io (including any subdomains), on our app or offline such as in person, at a physical store or location, or on the phone. You are hereby notified of the scope & applicability of this Privacy Policy and should read this Policy in full.

This Policy has been prepared in accordance with applicable data protection laws including (but not limited to), the California Online Privacy Protection Act of 2003 (“CalOPPA”), the California Consumer Privacy Act of 2018 (“CCPA”), California Civil Code §1798.83, among others (as, and only as, applicable).

About Us

This Privacy Policy is provided in conjunction with the Commerce activities provided by us, Local Express, Inc. having business address at 700 N Brand Blvd, Suite 910, CA 91203. You can contact us in respect of questions about this Privacy Policy or connected matters on by telephone on (818) 405-9777 or by email at info@local.express.

Types of Information We Collect

“Personally Identifiable Information” means information that can be used to identify you (such as name, address, or date of birth). We collect “Basic Personally Identifiable Information” (as defined herein) about you when you access our website, use our app or use our products and services. Basic Personally Identifiable Information is provided by you and includes or may include:

  • Name
  • Telephone number
  • Email address
  • Home address
  • Date of birth
  • Credit or debit card or payment information

This Basic Personally Identifiable Information may be collected when you register with us by creating an account on our website, request to use or purchase our products and services, or look to conduct a transaction for our products or services with us.

We also may, in certain circumstances, collect “Technical Personally Identifiable Information” (as defined herein) which primarily relates to any device (such as a computer, smartphone, tablet, or otherwise) and this includes or may include:

  • IP address data (including browser data)
  • Analytics data about your use and interaction with our website or app
  • Location data based on your device

Social Personally Identifiable Information

We may, through interactions on our website or app or via other means provided by you to us, collect information about you when you register with us using an existing social media account such as Facebook (“Social Personally Identifiable Information”). This may provide us with further information about you via that social media provider which includes or may include name, email address, profile picture or other pictures, and any other information you have provided and made public on such social media platform. The privacy policies of such social media platforms are outside of the scope of this Policy and are not the responsibility of Local Express, Inc.

Job Applications

We may, in our complete discretion, from time to time host open job roles or positions. If you apply for any such job role or position, then we may ask you to provide Personally Identifiable Information including information about your previous work history, Government-issued ID, social security number, personal background, or similar.

How We Collect & Use Information

In respect of any of the above information which we may collect from time to time, we will collect this information when it is either:

  • Provided by you to us (either explicitly or via your use of our website, app, product or services or automatically via technical means)
  • Provided by a third-party to us (such as if you register with us via a social media platform)
  • Via any cookies, tracking pixels, or other technologies placed on our website which may be used to increase functionality, provide analytics, or to permit or enhance the operation of our website or app

We use Personally Identifiable Information in order to, and in the course of, providing our products and services to you. We may also be required to keep and maintain certain Personally Identifiable Information as and where required by applicable laws or regulations.

We may also use such Personally Identifiable Information in for purposes which include or may include:

  • Communicating with you in respect of an actual, or potential purchase or transaction by you with us in respect of our business affairs (including any purchase of our products and services)
  • Notifying you about any changes in our products and services
  • Assisting us in delivering and optimizing the products and services we provide to you and to other customers or website or app users
  • Keeping you informed and updated in respect of any marketing or promotion in respect of our products and services
  • Operating, maintaining, and improving our website or app
  • Running analytics or other data insights in order to understand our customers and potential customers and to improve our products and services
  • Detecting any issues that may be in our interests to resolve (such as non-permitted activity on our website)

How We Share Information

We may share certain Personally Identifiable Information where permitted by applicable laws and regulations and also in the normal course of our business operations (such as providing our products and services to you).

We may share Personally Identifiable Information for purposes which include or may include:

  • Sharing such information across our business where required for our business operations (such as employees, agents, or advisors)
  • In respect of corporate actions such as the sale or potential sale, transfer, or merger of our business to a third party
  • Where required by applicable laws or regulations to the appropriate legal or regulatory authority
  • Service providers such as financial institutions or payment operators in order for us to process payments and transactions made by and between you and us
  • Service providers such as website, app, computer technical or software providers who we engage in order to, among other things, service any online, telephone, booking, or similar capabilities of our business

Third-Party Links

Our website may, from time to time, contain links to third party websites which are neither operated nor affiliated with Local Express, Inc. and you are hereby informed that we have no control and assume no liability over any such third-party links and you are encouraged to review the individual privacy policies of any third parties.

Do Not Track (“DNT”) Requests

Do Not Track (“DNT”) is a model promoted by the U.S. Federal Trade Commission among others to assist internet users in controlling the tracking of online activities across the web. In accordance with the California Online Privacy Protection Act (“CalOPPA”) you are hereby notified that we do not respond to DNT signals and we are not required to as a matter of Californian law. Some third-party websites or online providers do track browsing activities and you are encouraged to review your individual settings on your device should this be of interest to you.

California’s “Shine The Light” Disclosure (Civil Code §1798.83)

In accordance with California’s “Shine The Light” law, if (and only if) you are a customer or user of our website or app and you have provided personal information to us during the course of our relationship, you may request and obtain once per year information about categories of personal information we have disclosed (if applicable) to third parties for the purposes of marketing for the period preceding 12 months from the date of your request. For the avoidance of doubt, this provision applies only to Californian residents and if you (a Californian resident) would like to make such a request then please contact us by email at info@local.express.

Minors

Our website is not intended for persons under the age of 18 years (“Minors”) and we do not knowingly collect information on or market to Minors. We do not permit any Minors to register for our products and services or to send any Personally Identifiable Information to us. Accordingly, we do not knowingly collect Personally Identifiable Information from Minors and we are willing to delete any such data should it come to our attention that it has been provided by a Minor. If you would like to speak to us in respect of this section of our Policy, please contact us by email at info@local.express.

California Consumer Privacy Act (“CCPA”) Disclosures

In accordance with the CCPA (as and if applicable), if you are a Californian resident you may request annually from us to:

  • Provide you with information about the categories of personal information we collect, disclose, or sell (as applicable)
  • Categories of the sources of personal information
  • The business or commercial purpose for the collection of such personal information
  • Categories of third parties with whom we share such personal information

The above information is contained within this Privacy Policy, and you may contact us about any specific disclosures you wish to request specifically to you by email at info@local.express.

Under CCPA, you may further request that we delete certain information which we hold about you and provide information to you about certain financial incentives offered to you (if any). Certain of this information may be subject to an exemption or similar under applicable laws and regulations enabling us to maintain information as is required, and we may request you to confirm your identity before complying with any CCPA privacy request or any request as under this Policy.

You have certain rights under CCPA (as and if applicable) which include:

  • The right to object to the processing of your personal information
  • The right not to be discriminated against if you exercise your rights under applicable privacy laws
  • The right to opt-out from any future selling of your personal information
  • The right to correct your personal information should it be incorrect or no longer accurate
  • The right to restrict the processing of personal information

If you would like to contact us in respect of any applicable privacy rights afforded to you please contact us by email at info@local.express.

Special Provisions For Merchant and Customer Data

For the avoidance of doubt, all the provisions of this Privacy Policy shall apply, mutatis mutandis, to both Merchant Data and Merchant Customer Data (as defined below), however we make some further disclosures here in respect of Merchant Information and Customer Information.

Merchant Information: Localexpress, Inc. is an end-to-end ecommerce platform which collects and processes data of our Merchants (“Merchant Data”) as defined within our Merchant Services Agreement and including all Merchant Materials (as therein defined) and data or information provided by Merchant to us in connection with the provision of our services. Merchant Data may include data such as basic account information, payment and financial information, company information, transaction information, as well as technical device information. We are permitted by our Merchant Services Agreement to disclose, use, and analyze Merchant Data in an aggregated or anonymous, deidentified form (i.e. in a form that cannot be used itself to identify Merchant or Customers) including, without limitation, to improve the quality of our service and to improve Local Express’ platform technology or in order to send promotional messages and/or communications to our Merchants to which Merchants may opt-out at any time. We shall use Merchant Information as a controller to provide our services to Merchants as stipulated within our Merchant Services Agreement or as otherwise agreed with such Merchant or where required by law to do so.

Merchant Customer Information: Our Merchants may collect and process the data of their own customers (“Merchant Customer Data”), and such Merchant Customer Data may be logged by our platform and therefore may be accessible by Localexpress, Inc. as further defined within our Merchant Services Agreement. Merchant Customer Data may include technical device information such as browser information or other analytics as well as transaction and payment information when a Merchant Customer makes a transaction with a Merchant. We are permitted by our Merchant Services Agreement to use and disclose Merchant Customer Data in order to fulfil our obligations under aforementioned agreement. We shall use Merchant Customer Information to provide our services to the Merchant however you are notified that LocalExpress is not controller of such data and any persons who wish to enquire as to this data should contact that particular Merchant. We may use Merchant Customer Information, however, where we are required by law to do so.

Cookies

Our website or app uses ‘Cookies’. Cookies are small text files placed on your device when you visit a website or use an application. Cookies can include transmission of information and data from you to us or to another party (such as an analytics provider or third-party software provider). There are different categories of cookies, including:

  • session-based cookies and persistent cookies
  • strictly necessary cookies
  • performance cookies
  • functionality cookies

Session-based cookies last while your browser is open or access to the app is ongoing. Persistent cookies last until you delete them from your browser or until such time that they expire. Strictly necessary cookies are in place in order to enable the website or app to function properly (such as an online checkout basket).

Performance cookies are used in order to collect aggregated, anonymous data about our website or app (for example, the collection of analytics data on traffic to assess the number of visitors or users, and times of access). Performance cookies are used for, among other things, collecting data for insights into how to improve customer or user experience, but are not generally used for identifying specific persons.

Functionality cookies can be used for items such as noting choices you make when using our website or app (for example, language preference or country location) and thereafter to provide such customized features towards your preferences. Functionality cookies are used for, among other things, improving customer or user experience, but are not generally used for identifying specific persons.

If you want to disallow or moderate the settings of cookies placed by our website or app then you are able to do this via the settings in the browser currently being used. See below for some common browsers and links to amend cookie settings and for more information:

If you are using another browser, please contact the manufacturer of that browser for specific information on cookies settings. Further information regarding cookies is available at https://www.allaboutcookies.org/.

Information Safety

We have implemented appropriate and typical measures in order to protect information (including Personally Identifiable Information) of customers and users of our website or app however you are hereby notified that, due to the nature of online information transmission, no system can be 100% protected from cyberhackers or cyberattacks and that you use our products and services and (as the case may be) provide Personally Identifiable Information to us at your own risk.

Governing Law

This Privacy Policy (including any disputes or claims arising out of or in connection with its subject matter or formation including non-contractual disputes or claims) shall be construed in accordance with and governed by the laws of the State of California. All disputes, claims or proceedings between the parties relating to the validity construction or performance of this Privacy Policy shall be subject to the exclusive jurisdiction of the courts of the State of California, to which the parties hereto irrevocably submit.

Changes to this Policy

We reserve the right at any time to update, amend, or change this Privacy Policy. You shall be notified of any updates, amendments, or changes to this Privacy Policy by our updating and/or posting a new Privacy Policy on our website. You are encouraged to check this Policy frequently to ensure you are referring to the most recent version.

Contact

If you wish to speak to us regarding our Privacy Policy you can contact us by email at info@local.express or call us at (818) 405-9777. Our business address is 700 N Brand Blvd, Suite 910, CA 91203.