Privacy Policy

Updated 11/5/2017

This Privacy Policy describes how information about you is
collected, used and disclosed by Element Kitchen & Bakery, LLC and our
subsidiaries and other affiliates (collectively, “Element Kitchen & Bakery,” “we,” “us” or “our”)
when you access or use the websites, mobile
applications or blogs provided by us (collectively, the “Sites”) or otherwise interact with us.

Element Kitchen & Bakery reserves the right to change or modify this Privacy Policy at any time
and in our sole discretion. If we make changes to this Privacy Policy, we will
provide notice of such changes, such as by sending an email notification,
providing notice through the Sites or updating the “Last Updated” date at the
beginning of this Privacy Policy. We encourage you to review this Privacy
Policy whenever you use or access the Sites or otherwise interact with us to
stay informed about our information practices and the ways you can help protect
your privacy.

Collection of Information

Information You Provide to Us

We collect information you provide directly to us. For example,
we collect information when you register for a Element Kitchen & Bakery
account, sign up for a subscription, participate in any interactive features of
the Sites, subscribe to a newsletter or email list, participate in a survey,
contest, promotion or event, order or purchase (either for yourself or for
another person) meal ingredients or other products made available through the
Sites (collectively, the “Products”), apply for a job,
communicate with us via third party social media sites, request customer
support or otherwise communicate with us.

The types of
information we may collect from you include:

(a) Account Information, such as your name, email address, password,
postal address, phone number, subscription, delivery and dietary preferences
and any other information you choose to provide;

(b) Transaction Information, such as information about the Products you
purchase, shipping and delivery information and information related to returns,
refunds and cancellations. We may also collect and store limited payment
information from you, such as payment card type and expiration date and the
last four digits of your payment card number; however, we do not collect or
store full payment card numbers and all transactions are processed by our third
party payment processor.

(c) Information About Others, such as the names and email addresses of
gift recipients when you purchase gifts through the Sites or invite friends or
family to try the Sites or Products.

(d) Other Information You
Choose to Provide, such as when you
participate in a survey, contest, promotion or interactive area of the Sites or
when you request technical or customer support.

Information We Collect
Automatically

When you access or use
the Sites, the types of information we may automatically collect about you
include:

(a) Log Information: When you visit the Sites, our servers
automatically record certain log file information, such as your Internet
Protocol (“IP”) address, operating
system, browser type and language, referring URLs, access times, pages viewed,
links clicked and other information about your activities on the Sites.

(b) Mobile Device Information: We collect information about the mobile
device you use to access or use the Sites, including the hardware model,
operating system and version, unique device identifiers, mobile network
information and information about your use of our mobile applications. With
your consent, we may also collect information about the location of your device
and access and collect information from certain native applications on your
device (such as your device’s camera, photo album and phonebook applications)
to facilitate your use of certain features of the Sites. For more information
about how you can control the collection of location information and/or our
access to other applications on your device, please see “Your Choices” below.

(c) Information Collected by
Cookies and Other Tracking Technologies: We and our service providers use various tracking
technologies, including cookies and web beacons, to collect information about
you when you interact with our Sites, including information about your browsing
and purchasing behavior. Cookies are small data files stored on your hard drive
or in device memory that help us improve the Sites and your experience, see
which areas and features of the Sites are popular, and count visits. Web
beacons are electronic images that may be used in the Sites or emails and help
deliver cookies, count visits and understand usage and campaign effectiveness.
For more information about cookies, and how to disable them, please see “Your
Choices” below.

Information We Collect From
Other Sources

We may also obtain
information about you from other sources and combine that with information we
collect directly. For example, we may collect information about you when you
post content to our pages or feeds on third party social media sites, or if you
use credentials (e.g., username and password) from a third party site to create
or log into your Element Kitchen & Bakery account.

Use of Information

We may use information
about you for various purposes, including to:

(a) Provide, maintain and improve the Sites
and Products;

(b) Manage your account and send you related
information, including confirmations, updates, technical notices, security
alerts and support and administrative messages;

(c) Respond to your comments, questions and
requests and provide customer service;

(d) Communicate with you about the Sites,
Products, recipes, services, offers, surveys, events and other news and
information we think may be of interest to you;

(e) Monitor and analyze trends, usage and
activities in connection with the Sites;

(f) Detect, investigate and prevent fraudulent
transactions and other illegal activities and protect the rights and property
of Element Kitchen & Bakery and others;

(g) Personalize and improve the Sites and
provide advertisements, content and features that match your profile or
interests;

(h) Facilitate contests, sweepstakes and
promotions and process and deliver entries and rewards;

(i) Link or combine with information we
get from others to help understand your needs and provide you with a better
experience; and

(j) Carry out any other purpose for which the
information was collected.

Element Kitchen &
Bakery is based in the United States, and the information we collect is
governed by U.S. law. By accessing or using the Sites or otherwise providing
information to us, you consent to the processing and transfer of information in
and to the U.S. and other countries.

Sharing of Information

We may share
information about you as follows or as otherwise described in this Privacy
Policy:

(a) With vendors, consultants and other
service providers who need access to such information to carry out work or
perform services on our behalf;

 (b)
When you participate in the interactive areas of the Sites or interact with us
on third party social media sites, certain information that you provide may be
displayed publicly, such as your name, photos and other information you choose
to provide;

(c) In response to a request for information
if we believe disclosure is in accordance with, or required by, any applicable
law, rule, regulation or legal process;

(d)If we believe your
actions are inconsistent with our Terms of Use or other policies, or to protect the
rights, property or safety of Element Kitchen & Bakery or others;

(e) In connection with, or during negotiations
of, any merger, acquisition, sale of assets or any business, other change of
control transaction or financing;

(f) Between and among Element Kitchen &
Bakery and any current or future parent, subsidiary and/or affiliated company;
and

(g) With your consent or at your direction.

We also may share
aggregated or de-identified information, which cannot reasonably be used to
identify you.

Social Sharing Features

The Sites may offer
social sharing features and other integrated tools, such as the Facebook,
Twitter and Pinterest buttons (e.g., “Like,” “Tweet” and “Pin It”), which let
you share actions you take on the Sites with other media. Your use of such
features enables the sharing of information with your friends or the public,
depending on the settings you establish with the entity that provides the
social sharing feature. For more information about the purpose and scope of
data collection and processing in connection with social sharing features,
please visit the privacy policies of the entities that provide these features.

Advertising and Analytics
Services Provided by Others

Interest-Based Ads

We may allow others to serve advertisements on our behalf across
the Internet and to provide analytics services. These entities may use cookies,
web beacons and other technologies to collect information about your use of the
Sites and other websites, including your IP address, web browser, pages viewed,
time spent on pages, links clicked and conversion information. This information
may be used by us and others to, among other things, analyze and track data,
determine the popularity of certain content, deliver advertising and content
targeted to your interests on the Sites and other websites and better
understand your online activity. For more information about interest-based ads,
or to opt out of having your web browsing information used for behavioral
advertising purposes, please visit www.aboutads.info/choices.

Customized Ad Campaigns

We may also work with
third party social media sites, such as Facebook, to serve ads to you as part
of a customized campaign, unless you notify us that you prefer not to have
information about you used in this way. For more information about how you can
opt out of customized campaigns, please see “Your Choices” below.

Security

Element Kitchen &
Bakery takes reasonable measures to help protect information about you from
loss, theft, misuse and unauthorized access, disclosure, alteration and
destruction. Please understand, however, that no security system is
impenetrable. We cannot guarantee the security of our databases, nor can we
guarantee that the information you supply will not be intercepted while being
transmitted to or from us over the Internet. In particular, email sent to or
from the Sites may not be secure, and you should therefore take special care in
deciding what information you send to us via email.

Your Choices

Account Information

You may update, correct or modify information about you at any
time by logging into your online account or by emailing us at Info@elementparkcity.com. If you wish to deactivate your account,
please email us at Info@elementparkcity.com but note we may continue to store information
about you as required by law or for legitimate business purposes.

Location Information

With your consent, we may collect information about your actual location when you use our mobile
applications. You may stop the collection of this information at any time by
changing the settings on your mobile device, but note that some features of our
mobile applications may no longer function if you do so.

Native Applications on Mobile Device

Some features of our mobile applications may require access to certain native applications on your
mobile device, such as the camera and photo storage applications (e.g., to take
and upload photos) and the phonebook application (e.g., to send invitations to
your contacts to try the Sites or Products). If you decide to use these
features, we will ask you for your consent prior to accessing the applications
and collecting information. Note that you can revoke your consent at any time
by changing the settings on your device.

Cookies

Most web browsers are
set to accept cookies by default. If you prefer, you can usually choose to set
your browser to remove or reject browser cookies. Please note that if you
choose to remove or reject cookies, this could affect the availability and
functionality of the Sites.

Customized Campaigns

You may opt out of receiving our ads as part of a customized
campaign conducted on third party social media sites, such as Facebook, by
emailing us at Info@elementparkcity.com.

Promotional Communications

You may opt out of receiving promotional communications from us
by following the instructions in those communications or by emailing us
at Info@elementparkcity.com. If you opt out, we may still send you
non-promotional communications, such as those about your account or our ongoing
business relations.

Push Notifications

With your consent, we
may send promotional and non-promotional push notifications or alerts to your
mobile device. You can deactivate these messages at any time by changing the
notification settings on your mobile device or within our mobile applications.

Your Utah Privacy Rights

Utah law permits residents of Utah to request certain details about how their information
is shared with third parties for direct marketing purposes. If you are a
Utah resident, you may request this information once per calendar year by
writing to us at Element Kitchen & Bakery, LLC, Attn: General Counsel,
1400 Snow Creek Drive, Ste L, Park City, Utah 84060

Contact Us

If you have any questions about this Privacy Policy, please
contact us at Info@elementparkcity.com.