Grubhub Delivery Partner Privacy Policy

Effective: January 9, 2024

We own and operate an app for Delivery Partners (“Driver App”), and the related consumer web- and mobile-sites and mobile application(s), and selected other domains (collectively, the “Platform”). This Delivery Partner Privacy Policy (“Privacy Policy”) explains how Grubhub collects, uses, discloses, and otherwise processes personal information in connection with the Driver App and our Platform and any other interactions you have with Grubhub as a prospective or active Delivery Partner. This Privacy Policy does not cover or address our diners, employees or other personnel. Please see our Diner Privacy Policy for more information on how we collect, use and share our diners’ personal information, including information you provide to us as a diner through the Grubhub marketplace. If you see any undefined terms in this Privacy Policy, it has the definition specified in our Delivery Partner Terms of Use. Further, this Privacy Policy is incorporated as part of the Delivery Partner Terms of Use.

By accessing and/or using the Platform or otherwise providing us with your personal information, you agree that you have read, understood and agree to all the terms and conditions of this Privacy Policy, and specifically that you consent to the collection, storage, use and disclosure of your personal information as described in this Privacy Policy. If you do not agree to all the terms and conditions of this Privacy Policy, do not use the Platform or otherwise provide us with your personal information.

1. How We Collect, Use, and Share Your Personal Information

1.1. Personal Identifiers. When you express interest in partnering with us, communicate or interact with us, or create an Account and complete your Account profile, we may collect information from you, such as your name, phone number, email address, preferred region and city, physical address, vehicle and registration information, date of birth, social security number, driver’s license number, driver’s license photograph and/or other photographs, insurance information, bank and bank account information, including routing and account numbers, and tax information.

From time to time, we may also receive information about you from other Grubhub entities and affiliates, background check providers, co-marketing and other lead generation partners, service providers, and from other third parties. For example, we receive publicly available information about a Delivery Partner’s driving record or criminal history from our background check providers, and we use this information to evaluate an individual’s eligibility to be a Delivery Partner.

We may receive additional information about you from our Restaurants and Diners (e.g., care communications and ratings and/or reviews). Other users or public or third-party sources such as law enforcement and insurers may provide us information about you, for example as part of an investigation into an incident or to provide you support. We do not control, supervise or respond to how the third parties providing your information process your personal information, and any information request regarding the disclosure of your personal information to us should be directed to such third parties.

We may use identifier information to: (i) determine your eligibility and process your registration, including verifying your information to ensure its accuracy and validity; (ii) verify your identity; (iii) process your registration, notify you regarding the status of your application, and/or onboard you to using the Platform; (iv) fulfill orders by sharing your contact information with Restaurants, Diners, and delivery platforms; (v) assist and/or intervene if there are safety and security concerns; (vi) notify you about pricing or other updates that will affect your Services; (vii) send you important information regarding the Platform, such as certain changes to our terms, conditions, policies and/or other administrative information; and (viii) compensate you for the Services performed, including setting up direct deposit, calculating payments owed, and issuing payments to you.

We do not sell or share this information with third parties for business or commercial purposes, though we may disclose it to our service providers, or use or disclose it for other lawful purposes, as described in greater detail below in Sections 1.09 and 1.10.

Grubhub retains identifier information about you for as long as you are a delivery partner for Grubhub, and for such additional period as Grubhub determines is necessary to comply with its legal obligations and defend against legal claims.

1.2. Commercial Information. We collect information about how you use the Platform specific to the orders that you accept, reject and cancel, including, without limitation, the rates of acceptance, rejection and cancellation, the total number of deliveries you make, the date and time of delivery acceptances, rejections and cancellations as well as the date and time of completions, time required to complete deliveries, route information, and payment associated to each order.

We may use this information to: (i) enable you to provide the Services by indicating your availability, accepting or rejecting orders, viewing your transaction logs for fulfilled orders, and managing your payment preferences; (ii) collect, confirm and verify information about Services performed by you; (iii) perform analytics, detect activity patterns on our Platform and Service, determine the effectiveness of our promotional campaigns, and otherwise research usage; (iv) schedule and otherwise facilitate order pick-up and/or delivery; and (v) test and develop new features and functionality and otherwise enhancing the Platform and Services.

Grubhub retains commercial information about you for as long as you are a delivery partner for Grubhub, and for such additional period as Grubhub determines is necessary to comply with its legal obligations and defend against legal claims.

1.3. Biometric Information. We may require you to submit photographs of yourself to Grubhub; in some cases, including for delivery partner applicant onboarding, we share these photographs with our trusted third party identity verification vendor who may use (i) a combination of machine learning tools and optical scans to authenticate your identity documents as well as (ii) facial recognition technology to produce a unique biometric identifier based on facial geometry that can be used to compare your photograph(s) to other photographs you have previously submitted (e.g., driver’s license, etc.) to determine the likelihood that the images are a “match.”

We collect biometric data to verify your identity, to authenticate your identity documents, and to protect against fraud, misrepresentation and unauthorized use of the Platform (e.g., identity-borrowing). Facial recognition technology may not be available in all jurisdictions. In those circumstances, Grubhub may still collect your photographs and perform manual facial comparison analysis.

This biometric data is generated and maintained by our trusted third-party vendor to perform the identity verification service on our behalf in accordance with our contractual agreements. The vendor has represented that biometric identifiers will be promptly deleted once no longer needed for identity verification purposes, which will occur no later than 3 years after your last interaction with us. For identity verification, security, and recordkeeping purposes, the vendor may retain the photographic images themselves for a longer period. Grubhub receives and stores the results of the identity document authentication as well as the verification analysis.

We do not sell or share this information with third parties for business or commercial purposes, though we may disclose it to our service providers, or for other lawful purposes, as described in greater detail below in Sections 1.09 and 1.10.

1.4. Internet Usage Information. We collect information about your device and its software which includes your IP address, browser type, Internet service provider, device type/model/manufacturer, operating system, date and time stamp, and a unique ID that allows us to identify your browser, mobile device, or your account (including, for example, a persistent device identifier or an Ad ID), and other similar information. We also collect mobile sensor data (such as bearing or direction, speed, latitude and longitude, altitude/height, activity type, and acceleration or deceleration) to improve location accuracy and analyze usage patterns.

We also collect analytics information which includes information about the way you access and use the Platform, such as the pages you visit on the Platform, the links you click on the Platform, your login history, whether you open emails or click the links contained in emails that we send, and other actions you take on the Platform. We may collect analytics data or use third-party analytics tools such as Google Analytics to collect this data. You can learn more about Google’s practices at http://www.google.com/policies/privacy/partners.

We may use this data to: (i) provide, maintain, improve and develop the Platform and Service; (ii) perform analytics, detect activity patterns on our Platform and Service, determine the effectiveness of our promotional campaigns, and otherwise research usage; (iii) collect, confirm and verify information about Services performed by you; (iv) create and personalize content on the Platform and your Account; and (v) test and develop new features and functionality and otherwise enhance the Platform and Services.

Grubhub retains internet usage information for as long as you have an account with Grubhub, and for such additional period as Grubhub determines is necessary to comply with its legal obligations and defend against legal claims.

1.5. Location Information. Each time you access or use the Driver App, we may collect the precise location of your device when the Driver App is running in the foreground or background. If you label certain locations, such as “home” and “work,” we receive that information, too. We may also approximate your location from your IP address when you access or use the Platform. We typically collect this information through a variety of tracking technologies, including cookies, Flash objects, web beacons (also known as pixels), embedded scripts, mobile SDKs, location-identifying technologies, and similar technology (collectively, “tracking technologies”), and we may use third-party partners or service providers to assist with this effort, such as Google and Meta (e.g., via the Meta Pixel). Information we collect automatically about you or your device may be combined with other personal information we collect directly.

We use this information to enable Grubhub’s auto-dispatching technology to coordinate fulfillment of all delivery orders placed across our network of Delivery Partners. Orders are offered to you based on demand and strategic fulfillment algorithms. Delivery Partners that are not within a reasonable distance from Restaurants may be considered unavailable to receive orders. We also use the location information to track the progress and completion of deliveries, and disclose it to Restaurants and Diners from which/whom you have accepted an order(s) so that they can track the order(s) and/or communicate with you.

Grubhub retains location information for as long as you have an account with Grubhub, and for such additional period as Grubhub determines is necessary to comply with its legal obligations and defend against legal claims.

1.6. Audio and Video Information. We may collect audio and video information from you, such as call recordings, when you contact our driver care team. We use this information to analyze use of and improve the Platform and our Services.

Grubhub retains audio and video information for as long as you have an account with Grubhub, and for such additional period as Grubhub determines is necessary to comply with its legal obligations and defend against legal claims.

1.7. Protected Characteristics. We may collect your age to verify that you have a valid driver’s license. We may also collect your age because you cannot deliver alcohol unless you are 21 or older.

Grubhub retains protected characteristics information for as long as you have an account with Grubhub, and for such additional period as Grubhub determines is necessary to comply with its legal obligations and defend against legal claims.

1.8. Other information you provide. When you communicate or otherwise interact with us, you may also provide us other information about yourself (e.g., during driver care communications, ratings and review submissions, feedback, disputes, etc.). We may use this data to: (i) provide, maintain, improve and develop the Platform and Services; (ii) resolve disputes; (iii) perform analytics, detect activity patterns on our Platform and Service, determine the effectiveness of our promotional campaigns, and otherwise research usage; and (iv) communicate with you to provide support and to send you other messages.

Please note that our chat technology service provider, Zendesk, records your conversation for Grubhub. Grubhub may also disclose the transcript to other of our service providers.

1.09. Other Circumstances Under Which We Might Use Your Personal Information. In addition to the above, Grubhub may use your personal information to:

Maintain the safety, stability and security of our Platform. We may use your personal information to maintain the safety and security of our Platform, including, to detect or prevent fraud, misrepresentation, abuse or other harmful activities, and/or diagnose or fix technology issues.
Provide, personalize, measure and improve our advertising and marketing. We may use personal information to provide, personalize, measure and improve our advertising and marketing, including to inform you of products, programs, services, and promotions that we believe may be of interest to you, to determine the effectiveness of our Platform and our promotional campaigns, to enhance our marketing activities, and to permit you to refer us to your friends so that we may send them promotional offers through the Platform. If you wish to use this feature, you may be required to provide us with, and we may use, your friend’s name and email address. By using this functionality, you affirm that you are entitled to use and provide us with your friend’s name and email address for this purpose. We will not use your friend’s personal information for any purpose other than to allow promotional offers to be sent and/or to troubleshoot any issues with respect to such promotional offers, unless we disclose such other purpose to you at the time you provide your friend’s personal information to us.
Legal and regulatory requirements and proceedings. We may use your personal information in connection with legal proceedings and requirements. For example, we may need your personal information to enforce our corporate reporting obligations and our Terms of Use, or to comply with applicable laws.
Enforce our rights. When you access or use our Platform, you are bound by our Terms of Use and this Privacy Policy. To ensure you comply with them, we may use your personal information to monitor, investigate, prevent and/or mitigate violations of these legal provisions as well as enforce our agreements with third parties and business partners.
Other purposes disclosed at the time of collection. From time to time, we may use your personal information for a specific purpose not contemplated by this Privacy Policy. In such an event, we will specifically disclose that use to you.

For clarity, Grubhub does not and will not use any information provided by you and/or generated by your use of the Platform and Driver App to supervise or control you in performing Services arranged using the Platform or Driver App.

1.10. Other Circumstances Under Which We Might Disclose Your Personal Information. In addition to the above, Grubhub may disclose your personal information to:

Service Providers. We disclose your personal information to third-party service providers to provide certain services, such as new Delivery Partner onboarding, scheduling, communications, data analysis, infrastructure provisioning, IT services, customer service, email service providers, gear shipment providers, emergency support providers, Payment Card providers, training and educational software providers, identity verification, and other similar services.
Affiliates. We may share your personal information with other companies owned or controlled by Grubhub Holdings Inc., and other companies owned by or under common ownership as Grubhub Holdings Inc., which also includes our subsidiaries (i.e., any organization we own or control) or our ultimate holding company (i.e., any organization that owns or controls us) and any subsidiaries it owns, for operational or business purposes or as otherwise described in this Privacy Policy.
Business Transaction or Reorganization. We may take part in or be involved with a corporate business transaction, such as a merger, acquisition, joint venture, or financing or sale of all or a portion of company assets. We may disclose personal information to a third party during negotiation of, in connection with or as an asset in such a corporate business transaction. Personal information may also be disclosed in the event of insolvency, bankruptcy, or receivership.
Legal Obligations and Rights. We may disclose personal information to third parties, such as legal advisors and law enforcement, as required by law or subpoena or if we reasonably believe that such action is necessary to (a) comply with the law and the reasonable requests of law enforcement or other governmental authorities; (b) enforce our Terms of Use or to protect the security or integrity of our systems and services; (c) detect, suppress or prevent fraud or reduce credit risk and collect debts owed to us; (d) exercise or protect the rights, property, or personal safety of Grubhub, our visitors, or others; and/or (e) for recordkeeping purposes. In connection with the enforcement and/or protection of our rights, we may disclose your personal information to third parties such as (i) third party insurance providers and associated agents and consultants for insurance and other risk-mitigation purposes, and/or (ii) attorneys, collection agencies, tribunals or law enforcement authorities pursuant to valid requests in connection with alleged violations of Grubhub’s Terms of Use or other alleged contract violations, actual or alleged infringement, actual or suspected harm to persons or property, or alleged violations of laws, rules or regulations.
Consent. We may disclose personal information about you to other third parties with your consent.

2. Control Over Your Personal Information

2.1. Access to your Device Information and Push Notifications. You may control access to your device information or opt out of push notifications through your “Settings” app on your device. However, you may lose some features or functionality if you decide to withdraw permission for the Platform to access information.

2.2. How to Control Your Communications Preferences. You can stop receiving promotional email communications by clicking on the “unsubscribe link” provided in such communications. We make every effort to promptly process all unsubscribe requests. You may not opt out of service-related communications (e.g., account verification, transactional communications, changes/updates to features of the services, technical and security notices). You may also unsubscribe from receiving certain order-related text (SMS) or multimedia (MMS) messages by replying “STOP” to the number sending the message. To re-enable texts, you can text START in response to an unsubscribe confirmation SMS.

2.3. Managing Your Data. You may submit a request to get a copy of your Personal Information, to understand what we collect and how we share your Personal Information, or to delete your Personal Information. We will need to verify your identity before processing your request, which may require us to request additional personal information from you or require you to log into your account.

In certain circumstances, we may decline such a request, such as when we are unable to verify your identity, or when we are unable to delete your information for legal or regulatory reasons. If we are unable to comply with all or a portion of your request, we will explain the reasons for declining to comply with the request.

You may submit a request here.

Alternatively, you may email us at [email protected] with the subject line “Privacy Request.”

You may also correct or update your personal information, such as your name, email address, address, payment information, and phone number, in your account profile page.

If you choose to use any of these methods to manage your data, we will not penalize you such as paying you differently, except to the extent you limit our ability to process personal information needed to provide our Services. For example, if you have your data deleted, you may no longer be a delivery partner for Grubhub.

3. Tracking Technologies and Interest-Based Advertising.

We may engage in interest-based advertising and use third-party advertising companies to serve you targeted advertisements and/or content based on your browsing history. We may share, or we may permit third-party online advertising networks, social media companies and other third-party Services, to collect information about your use of our Platform over time so that they may play or display ads on our services, on other devices you may use, and on other websites, apps or services, including on social media sites. These third parties may collect information such as clickstream information, browser type, time and date you visited, mobile device identifiers, your use of third-party applications, and/or precise geolocation data and other information. This information is used to more effectively advertise to potential new Delivery Partners, as well as to provide advertising-related services such as reporting, attribution, analytics and market research.

3.1. Cookies. Most browsers allow you to adjust your browser settings to: (i) notify you when you receive a cookie, which lets you choose whether or not to accept it; (ii) disable existing cookies; or (iii) set your browser to automatically reject cookies.

Blocking or deleting cookies may negatively impact your experience using the Platform, as some features may not work properly. Depending on your mobile device and operating system, you may not be able to delete or block all cookies, you may not be able to block non-cookie technologies or the changes to your settings may have no effect. You may also set your email options to prevent the automatic downloading of images that may contain technologies that would allow us to know whether you have accessed our email and performed certain functions with it.

3.2. Interest-Based Advertising. To learn about interest-based advertising and how you may be able to opt-out of some of this advertising, you may wish to visit the Network Advertising Initiative’s online resources, at http://www.networkadvertising.org/choices, and/or the DAA’s resources at www.aboutads.info/choices. You may also be able to limit interest-based advertising through the settings on your mobile device by selecting “limit ad tracking” (iOS) or “opt-out of interest based ads” (Android).

3.3. Google Analytics. We use Google Analytics to recognize you and link the devices you use when you visit our Service on your browser or mobile device, login to your Account on the Platform, or otherwise engage with us. We share a unique identifier, like a user ID or hashed email address, with Google to facilitate the service. Google Analytics allows us to better understand how our users interact with our Platform and to tailor our content to you. For information on how Google Analytics collects and processes data, as well as how you can control information sent to Google, review Google’s site “How Google uses data when you use our partners’ sites or apps” located at www.google.com/policies/privacy/partners/. You can learn about Google Analytics’ currently available opt-outs, including the Google Analytics Browser Ad-On here https://tools.google.com/dlpage/gaoptout/.

4. How We Store and Protect your information

4.1. Data Storage and Transfer. Your information collected through the Platform is stored and processed in the United States. If you are located in the European Union or other regions with laws governing data collection and use that may differ from U.S. law, please note that we may transfer information, including personal information, to a country and jurisdiction that does not have the same data protection laws as your jurisdiction.

4.2. Data Security. Grubhub employs physical, administrative, and technological safeguards designed to preserve the integrity and security of all information collected through our Platform. However, no security system is impenetrable and we cannot guarantee the security of our systems. Please recognize that protecting your personal information is also your responsibility. Accordingly, we strongly recommend that you change your passwords often, use a combination of letters and numbers, make sure you use a secure browser, and otherwise take precautions when communicating your personal information on the internet. If you know or have reason to believe that your Account credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your Account, please contact us following the instructions in the Contact Us section below.

5. Promotional Activities

We may offer promotional activities, such as contests, sweepstakes, joint promotional activities, or co-branded services, from time to time. You should carefully review the rules and/or terms of each promotion in which you participate, as the promotion may contain additional important information about our, a sponsor’s, and/or other third party’s use of your personal information. To the extent that the rules or terms of those promotions concerning the treatment of your personal information conflict with this Privacy Policy, the rules of those promotions will control. When such disclosure is necessary to fulfill your request or application or otherwise enable your participation in the promotion, we will disclose personal information to the promotion’s co-sponsors.

6. California Privacy Notices

6.1. Cross-Context Behavioral Advertising. We do not share the personal information of individuals we determine to be California residents with ad networks and other advertising partners for the purpose of cross-context behavioral advertising. If we do so in the future, we will offer you an opportunity to opt out of such advertising, consistent with applicable law.

6.2. Shine the Light. If you are a user of the Platform and a California resident, California’s “Shine the Light” law (California Civil Code § 1798.83) permits you to request and obtain from us once a year, free of charge, information regarding our disclosure of your Personal Information (if any) to third parties for direct marketing purposes. If this law applies to you and you would like to make such a request, please submit your request in writing to the address provided below.

7. Other Important Notices Regarding Our Privacy Practices

7.1. Grubhub Consumer Sites. For security and other purposes, we may link your Driver App profile to your profile on the Grubhub consumer site located at www.grubhub.com and its associated mobile application (collectively, the “Consumer Site”). If you do not have an account on the Consumer Site, we may generate an account for you using your Driver App account information, and you hereby consent to the Grubhub Terms of Use as in effect at the time, available at https://www.grubhub.com/legal/terms-of-use, and the Grubhub Privacy Policy as in effect at the time, available at https://www.grubhub.com/legal/privacy-policy, which are both incorporated herein by reference.

7.2. Note Regarding the Use of the Platform by Children. Under no circumstances is the Platform directed to, or intended to, collect or solicit personal information from children under the age of 16. Such individuals are prohibited from using the Platform and should not provide personal information to us. In the event that we learn that we have inadvertently collected personal information from a child under the age of 16, we will endeavor to delete that information. If you have a basis for believing that we have any information from a child under 16, please contact us at [email protected].

7.3. Delivery Partner Terms of Use. The Delivery Partner Terms of Use are incorporated into this Privacy Policy by reference.

7.4. Updates. We may change this Privacy Policy from time to time. If we make a change to this Privacy Policy, we will make the most current version available online (“Updated Privacy Policy”). If we make a material change to the Privacy Policy, we will notify you. By continuing to access and/or use the Driver App after we post Updated Privacy Policy, you agree to the Updated Privacy Policy. Except as provided by your Partner Agreement, this Privacy Policy will govern any disputes regarding the Privacy Policy arising before the effective date of the Updated Privacy Policy.

7.5. Contacting Us. If you have any questions regarding this Privacy Policy, please contact us by email at [email protected], or write to the following address:

Grubhub Holdings Inc.

Attention: Privacy Team

5 Bryant Park, 15th Floor

New York, NY 10018

As a security precaution, please do not include credit card information and/or other sensitive personal information in any email correspondence with us.