Effective as of 1/1/2020
Welcome! Yummly is an online platform that provides users with a collaborative space to find, discuss and share information about all things food, and take advantage of other food- and cooking-related features, through the Yummly website (the “Site“), a Yummly mobile application (the “App“), and other products and accessories that we make or sell (“Products“) (collectively, our “Services“). Yummly, Inc. (“Yummly“), part of the Whirlpool Corporation family of brands, provides this Privacy Notice to inform you of our policies and procedures regarding the collection, use and disclosure of your Personal Data and other data when you use our Services. For purposes of the European General Data Protection Regulation No. 679/2016 (“GDPR“) and similar data protection laws, Yummly processes your Personal Data as a data controller. This Privacy Notice is not a contract and does not create any legal rights or obligations.
As used in this Privacy Notice, the terms “using” and “processing” information include using cookies on a computer, subjecting the information to statistical or other analysis, and using or handling information in any way, including, but not limited to collecting, storing, evaluating, modifying, deleting, using, combining, disclosing and transferring information within our organization or among our affiliates within the United States or internationally.
Information Collection and Use
We collect (1) Personal Data that you have voluntarily shared with us; (2) data concerning your activity when using the Services; and (3) data that is otherwise collected through other sources. We use your Personal Data to provide you with the Services, operate, maintain, and improve our Services, understand your interests, confirm and fulfill your orders, provide customer service, provide product maintenance and troubleshooting, respond to your requests, provide marketing and other communications, manage security and prevent fraud or criminal activity, enable you to interact with our Services, and for other purposes we may notify you of from time to time.
Legal Basis for Processing
We process your Personal Data to satisfy our contractual obligations to you; based on your consent; to protect the legitimate interests of Yummly or other parties; or to comply with legal obligations.
We use your Personal Data for as long as is necessary to achieve the intended purpose.
Information Shared with Others
Your data may be shared (1) with other users; (2) with service providers; (3) with other third-party apps and services; (4) to comply with the law; (5) with other Whirlpool entities; or (6) in connection with a sale or reorganization of our business.
We take measures to protect your data when we transfer it to another country.
EU-U.S. Privacy Shield And Swiss-U.S. Privacy Shield
If you are a resident of Europe, special protections apply when we transfer your data to the United States.
Managing Your Data
You can access, integrate, update, amend and delete your Personal Data.
Your California Privacy Rights
Cookies and tracking technologies may be used on our Services which allows us and other parties to place or display ads relevant to you on our Services, as well as on other websites, apps, services, or devices you may use. Otherwise, we do not share your Personal Data with unaffiliated parties for their own marketing purposes without your consent. If you are a California resident, you have the right to request access to certain information we collected about you, request deletion of your Personal Data (subject to certain exceptions), and request to opt-out of the sale of your Personal Data.
Interest-Based Advertising/Your Choices
You can opt-out of seeing personalized ads.
The security of your data is important to us so we have implemented measures designed to safeguard your Personal Data against loss, theft, and unauthorized use, disclosure or modification.
Links to Other Sites
We may link to other sites, but we are not responsible for their practices.
Our Policy Toward Children
We do not knowingly collect data from individuals under age 16.
Amendments and Updates
We may update this Privacy Notice from time to time.
1. Information Collection and Use
Our primary goals in collecting information are to provide and improve our Services and to enable our users to enjoy, use, and easily navigate our Services. To provide you with a consistent user experience and to recognize you as a user across our Services, we may collect and combine data as described below; for example, data collected when you visit the Site or the App from one browser or device may be combined or linked with data collected when you visit the Site or App from a different browser or device, which may also be combined or linked with product usage data.
Generally, we collect two types of information: Personal Data and Other Information. “Personal Data” is information that can be used to identify or is reasonably linkable to you as an individual, and may include Usage Information (as defined below). “Other Information” is information that is not linkable to you as an identifiable individual, including information that has been de-identified or aggregated with data from other users.
Personal Data we may collect. When you use the Services, we may collect the following Personal Data:
- Your contact information, such as your first and last name, email address, mailing address, and phone number;
- Your billing information, such as your credit card number and billing address;
- Your Yummly account information, including your user name, account number, and your encrypted Yummly password;
- Product, ownership, and service information about your kitchen appliances and accessories, including those that are manufactured by Yummly as well as any that are capable of working with the Yummly app (for example, if you use the App to remotely control a kitchen appliance, we will collect information from the appliance manufacturer that we need to make the App work);
- Information you voluntarily provide about yourself, such as allergies, dietary restrictions, food preferences, and groceries that you want to purchase;
- Your preferences, such as product wish lists, food and recipe preferences, kitchen appliance or accessory preferences, order history, and marketing preferences;
- Your user content (including video and images) you provide to use certain features, including recipes you submit, and information you provide so that we can help you manage your grocery inventory (such as photographs or video you provide to facilitate ingredient recognition features);
- Your Usage Information, as described further below; and
- Your mobile device model and ID number, user settings, location (if you enable this feature), and information about your use of the App when applicable.
Your Personal Data is processed only to the extent necessary to pursue the purposes set out in this Privacy Notice. To learn about how long Yummly keeps your Personal Data, see Section 3, Data Retention.
Many of our services and features require some Personal Data. If you choose not to provide the necessary Personal Data, you may not be able to use certain services or features. If you choose not to share your Personal Data, features that require personalization will not work for you.
Data From Others. Other parties may provide us with Personal Data. For example, if you create a Yummly account using your login from an other party’s service (including a social media network such as Facebook), we will access and collect the information about you that your privacy settings on that service permit so that we can create an account for you. Also, we may collect information that you make available to Whirlpool or other manufacturers of kitchen appliances and accessories (like information about your appliance to allow us to send cooking times and temperatures to the appliance) if this is related to providing the Services to you.
Use of Personal Data. We use your Personal Data to provide our Services and administer your inquiries. For example, when you create an account through the Services and become a Registered User or when you choose to create your own profile, we may ask you for Personal Data so we can create your account or populate your profile (see “Registered Users” below). We may also use your Personal Data to update our Services or features, troubleshoot, protect our Sites, Apps, and users, or provide support to you.
We also use your Personal Data to improve and develop our products and services, personalize our products, make recommendations to you, and send you relevant offers. We may also use your Personal Data to send you Yummly newsletters, marketing or promotional materials, or other information that may be of interest to you. Where required by applicable law, we will obtain your consent to send you these communications. If you decide at any time that you no longer wish to receive them, please follow the unsubscribe instructions provided in any of the communications or update your user preferences information.
Registered Users. Once you become a Registered User, you will be able to create a profile page by submitting certain Personal Data. The profile page will display your profile name as well as your profile picture, if you choose to upload one or agree to allow a Third-party service (like Facebook) to provide one for you. You can choose what other Personal Data you provide as part of your profile. Providing such information is voluntary and should correlate with the degree of interaction you want to have with Yummly and its users.
Other Information. Other Information will be considered Personal Data if it is combined with other data in such a way that enables you to be identified. However, where Other Information is taken alone or combined only with other non-identifying information, it will not be treated as Personal Data. We may use Other Information for any purpose, unless prohibited by law.
We may combine your Personal Data with Other Information and aggregate it with information collected from other users to attempt to provide you with a better experience, to improve the quality and value of the Services and to analyze and understand how our Services are used. We may also use the combined information without aggregating it to serve you specifically – for instance, to deliver information to you according to your preferences or restrictions.
Usage Information. When you visit or use the Services or use a Yummly website or mobile application that has Yummly features (like the Yum button), our servers automatically record information that your browser or mobile device sends or transmits (“Usage Information“). This Usage Information may include information such as your computer’s Internet Protocol (IP) address, browser type or the webpage you were visiting before you came to our Site, pages of our Site or the App that you visit (or of the site you visited that had the Yummly feature), the time spent on those pages, information you search for, access times and dates, the model and device ID number of your mobile device, user settings, location (if you enable this feature), and statistics and information about your use of the Site and App. We use this information to provide and improve the Services, develop new products, and offer products and services that may be of interest to you. We also use Usage Information to monitor and analyze use of the Services, for technical administration, to secure the Site and App and protect those who visit the Site or App, to improve functionality and user-friendliness, and to better tailor our Services to our visitors’ needs. For example, some of this information is collected so that when you revisit the Services, we will recognize you and can serve advertisements and other information appropriate to your interests. Some of the Usage Information (like your IP address) is Personal Data.
We also use other parties (including Google Analytics and Mixpanel) to provide usage analytics for our Services. These other parties will place their own cookies to collect traffic and activity data in order to deliver us relevant metrics and information. The collection of this data by these other parties is subject to their own privacy notices.
2. Legal Basis for Processing
Below is an explanation of the different legal grounds we have for processing your information:
- To satisfy our contractual obligation to you. For example: allowing you to register for an account; providing the Services to you; assisting you with pairing a kitchen appliance or accessory through the Services; and fulfilling your product orders and providing additional services (for example, delivery, after-sale services, and the management of returns).
- With your consent. For example: processing health information, such as information about your allergies, so that we can customize our recommendations for you; processing your entry into a prize promotion/competition; sending you customized marketing communications related to our products and services electronically (including email, notifications from other party’s services, and notifications from mobile applications); and sharing your Personal Data with our selected trusted partners to help us send customized marketing communications with your consent.
- When we have a legitimate business interest to do so. For example: managing the requests for information you send us, including handling complaints; preventing fraud; enforcing our rights before the courts; improving the performance and security of our products and our Services, including the App and the Site; sending you customer care communications concerning products or services you have used or which you showed interest in, and in order to carry out customer satisfaction surveys; unless you opt-out, contacting you for marketing purposes by phone (non-automated) and via paper mail; and carrying out activities useful for the transfers of business and business branches, takeovers, mergers, demergers or other transformations and for the execution of such transactions.
- For legal obligations. We may also use your Personal Data to the extent necessary to comply with our legal obligations.
If you do not want Yummly to use your electronic contact details for marketing purposes, you can always follow the instructions to “unsubscribe” in our emails; or in accordance with Section 14 of this Privacy Notice below.
3. Data Retention
Yummly will process your Personal Data for as long as it is necessary to achieve the purposes described above. If you delete your account we have processes designed to delete or de-identify your Personal Data. If you do not use your account or receive emails from us for an extended period of time, we have processes designed to delete or de-identify your Personal Data.
Keep in mind that we will retain information to comply with the law, prevent fraud and protect Yummly and Whirlpool, collect fees, resolve disputes, troubleshoot problems, assist with investigations, enforce our agreements, and take other actions permitted by law.
4. Information Shared with Others
We only share your Personal Data as described in this Privacy Notice. Through the Services, you are able to share your Personal Data when you share something through our Service (like when you use the Yum button), when you give us your consent to do so (like when we notify you that the information you provide will be shared in a particular manner and you provide us with such information), when you share Personal Data with an other party service (if you allow such sharing), or when you share Personal Data with your friends with whom you want to connect (according to the preferences you have set in your account).
We may share Other Information, such as de-identified data, with other parties.
Your Personal Data is shared with:
Whirlpool Brands and Entities. Yummly is a subsidiary of Whirlpool Corporation. Any data, including Personal Data collected by Yummly, may also be shared with Whirlpool Corporation or its brands (including but not limited to Whirlpool®, Maytag®, KitchenAid®, Jenn-Air®, Amana®, EveryDrop®, and Affresh®) and subsidiaries located in the European Economic Area (EEA) and outside of the EEA, acting as autonomous controllers (e.g., Whirlpool Canada LP, Whirlpool EMEA S.p.A., Whirlpool UK Appliance Limited). A more complete list of Whirlpool Corporation’s brands and subsidiaries can be found by browsing https://whirlpoolcorp.com. All of these brands and entities are referred to within this Notice collectively as “Whirlpool.“
Other Users. When you post comments or content (such as reviews or recipes) on any Yummly message boards or blogs, or when you use other interactive features (such as when you connect with friends) made available through or in connection with the Services, any data you choose to include will be accessible to other users. We urge you to be very careful when deciding to make any of your Personal Data, or any Other Information, publicly available through the Services. If you choose to use any social network features such as the Facebook “Like” button and other widgets, such as a “share” button or interactive mini-programs that we may offer through the Services, these features may collect your IP address and information about which page you are visiting on our Services, and may set a cookie to enable the feature to function properly. Social media features and widgets are either hosted by an other party or hosted directly on our Website. Your interactions with these features are governed by the privacy statements of the companies providing them.
Service Providers. We may share any of your data with companies and individuals we engage to facilitate our Services, to provide services to us or on our behalf, to perform related services (e.g., without limitation, maintenance services, database management, web analytics and improvement of our features) or to assist us in analyzing how our Services are used. We also share information about your use of Yummly products that does not personally identify you with service providers that store this information to improve the Services.
Other Parties’ Apps and Services. You can choose to integrate our App with a variety of other parties’ apps and services. If you do, we will share information with, and receive information from, the relevant party to the extent necessary for the integration to work properly. For example:
- If you use our App with your compatible connected kitchen appliance or accessory, we may exchange information like cooking times and temperatures with the manufacturer.
- If you use our App with compatible services or retailers, such as grocery stores, grocery delivery, or food delivery services, we may exchange information about your geographic location, food preferences, and ingredient choices.
- If you authorize our App to connect with Apple Health or a similar app, we may share nutritional information about certain recipes with the app to help you accommodate food preferences or allergies.
Compliance with Laws and Law Enforcement. In certain situations, Yummly may be required to disclose Personal Data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements. Yummly cooperates with government and law enforcement officials and private parties to enforce and comply with the law. We will disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (including but not limited to subpoenas), to protect the property and rights of Yummly, Whirlpool, or a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, any illegal, unethical or legally actionable activity.
Business Transfers. Yummly may sell, transfer or otherwise share some or all of its assets, including your Personal Data, in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy.
5. International Transfers
The Services are offered globally so it is necessary to transfer your information internationally. In particular, your information will be transferred to and processed in the United States where our servers are located. The data protection and other laws of other countries, such as the United States, may not be as comprehensive as those in your country. We rely on multiple legal bases to lawfully transfer Personal Data internationally. These include your consent, EU Commission approved model contractual clauses (which require certain privacy and security protections), and the Privacy Shield Frameworks described below.
6. EU-U.S. Privacy Shield And Swiss-U.S. Privacy Shield
Yummly, through Whirlpool Corporation, participates in and has certified its compliance with the EU-U.S. and Swiss Privacy Shield Frameworks. Yummly is committed to subjecting all personal data received from European Economic Area (EEA) member countries, the United Kingdom (UK), and Switzerland, in reliance on the Privacy Shield Frameworks, to the Frameworks’ applicable Principles. To learn more about the Privacy Shield Frameworks, visit the U.S. Department of Commerce’s Privacy Shield List.
Yummly is responsible for the processing of Personal Data it receives under the Privacy Shield Frameworks and subsequently transfers to a third party acting as an agent on its behalf. Yummly complies with the Privacy Shield Principles for all onward transfers of Personal Data from the EU and Switzerland to the U.S., including the onward transfer liability provisions.
With respect to Personal Data received or transferred pursuant to the Privacy Shield Frameworks, Yummly is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission.
If you have an unresolved privacy or data use concern related to the Privacy Shield Framework that you believe we have not addressed satisfactorily, you may contact our U.S.-based third party dispute resolution provider (free of charge) at https://feedback-form.truste.com/watchdog/request.
Under certain conditions, more fully described on the Privacy Shield website https://www.privacyshield.gov/article?id=How-to-Submit-a-Complaint, you may be entitled to invoke binding arbitration when other dispute resolution procedures have been exhausted.
7. Managing Your Data
We give you options to help you understand what Personal Data we use and to request that we change how we use it. At any time, you may contact us to:
- be informed on the purposes and methods of the processing of your Personal Data;
- ask for access to your Personal Data (commonly known as making a “data subject access request“). This enables you to receive a copy of the Personal Data we hold about you;
- ask for updating or rectification of the Personal Data we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us;
- request erasure of your Personal Data. This enables you to ask us to delete or remove your Personal Data where there is no good reason for us continuing to process it. You can also ask us to delete or remove your Personal Data where you have successfully objected to processing or where we are required to erase your Personal Data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for reasons which will be communicated to you, if applicable, at the time of your request;
- restrict the processing of your Personal Data. This enables you to ask us to suspend the processing of your Personal Data in the following scenarios: (a) if you want us to establish the data’s accuracy; (b) where you allege that our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it;
- object to the processing, wholly or partly, of your Personal Data where we are relying on legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms;
- where we are relying on consent to process your Personal Data, you can revoke the consent to the processing of your Personal Data freely and at any time, and also opt-out of marketing communications by clicking on the unsubscribe option at the bottom of our marketing communications; or
- make your Personal Data available to you or to a different provider in some circumstances. We will provide to you, or a third party you have chosen, your Personal Data in a structured, commonly used, machine-readable format. Note that Personal Data we process based on our legitimate interests (or those of a third party) may not be portable.
If you wish to manage your data as described above, or raise any questions about the Personal Data we hold about you, please contact us using the contact information below.
There is generally no charge for you to exercise any of the data management options described in this section, but we may charge a reasonable fee if you make excessive or unfounded requests. In some cases, depending on where you live, you have the right to lodge a complaint in front of the competent national data protection or judicial authority if you object to how we use your Personal Data.