Last Updated: April 27, 2025
This Privacy Policy ("Policy") describes how Need Westwood Delivery Solutions, Inc. and its affiliates ("Need", "we", "our", or "us") collect, process, retain, and disclose your Personal Information when providing its services, including, but not limited to, its consumer platforms, websites, and mobile applications, any website, platform or application that contains or includes a link to this Policy, and channels of communication (collectively the "Services").
This Policy does not apply to Racers or Franchisees, which are subject to separate privacy policies.
1. Scope of this Privacy Policy
This Privacy Policy ("Policy") describes how Need Westwood Delivery Solutions, Inc. and its affiliates ("Need", "we", "our", or "us") collect, process, retain, and disclose your Personal Information when providing its services, including, but not limited to, its consumer platforms, websites, and mobile applications, any website, platform or application that contains or includes a link to this Policy, and channels of communication (collectively the "Services").This Policy does not apply to Racers or Franchisees, which are subject to separate privacy policies.
2. What Personal Information does Need collect or process?
Personal Information is any information that Need can reasonably use to identify you, whether that information identifies you on its own or when combined with other information. Anonymous information and information that has been de-identified such that it cannot identify you is not Personal Information.We may process the following categories of Personal Information in connection with our Services
(a) Contact Information including name, address (such as home address or other delivery address), email address(es), phone number(s), and other contact information provided to us.
(b) Account and Profile Information including credentials, privacy settings and notification preferences, pictures, and other information you add to your Need profile, and identifiers that we may link to an account and information received from third-party platforms or authentication services that are linked to our Services.
(c) Identification Documentation and Signature for Age-Restricted Products including driver's license or other government issued identification documents, which we may process in limited circumstances such as an order for an age-restricted product (such as alcohol) or other products that require age and/or identity verification and for legal and regulatory compliance.
(d) Communications with Need, Racers, and Stores including the content of in-app messages with Racers, communications with Stores through or in-connection with our Services (including, without limitation, through our and third-party platforms), SMS/text messages, chats, phone calls, and emails with us related to our Services, customer support inquiries and outreach, the date and time of communications, method or channel used, call recordings (if applicable), the outcomes, actions, and/or resolutions from the communications, and other information.
(e) Content you create or share including reviews about experiences on our platform, such as ratings of a Racer who delivers an order or about Stores you order from, or photos you upload.
(f) Payment Information including credit card or debit card information and information about the payment methods and services used to make purchases on or through our Services. Payment information is primarily stored and processed by our third-party service providers, including our payment processors; however, we may store and process limited payment-related information such as the last four digits of a payment card, name of the financial institution, and payment service.
(g) Activity and Transactions on or with our Services including information about the items and products ordered, order history, items placed in the cart, special instructions included in an order (e.g., dietary preferences, delivery preferences), transaction amounts, promotional codes and discounts used and received, the Stores ordered from, searches and actions on our Services (including through using session replay technology), responses to our surveys or other market research activities, participation in sweepstakes, promotions, or contests, photos and/or videos that you may send or provide to us related to your activity and transactions on or with our Services, our referral program or other special programs (including information about those you have sent or received gifts to or from or referred).
(h) Geolocation Information if you have consented by enabling location access, we may receive and store your precise location information, including when our apps are running in the foreground (our app is open and on screen) or background (our app is open, not on screen) of your device. You may use our Services without enabling the collection of precise location information from your device; however, this may impact your experience including the accuracy of deliveries and/or the availability of certain content, features and functionality (e.g., you may have to manually enter your delivery address). If you have not allowed us to receive your precise location, we can only determine your approximate location. To opt-out of location sharing after turning it on, follow the steps below:a. Open the Need consumer mobile app. b. Tap the account icon at the top right of the screen. c. Under "Account Settings", click "Privacy". d. Under "Location Access", click the arrow ">" next to the current choice. e. You will be taken to the app settings screen for Need. Here, click the "Location" button. f. Select the option to allow location access as desired. You will also have the choice to turn off precise location sharing.
(i) Device Information including information about the computers, phones, and other devices you use to interact with Need or our Services, internet-protocol address, device-based identifiers, operating system and version, preferred language, hardware model identifiers, browser information including type and settings, and other device information.
(j) Information from Co-Branded or Third Party Offers we may collect information that you use to register for, and your activity with, third parties, in connection with co-branded or third party offers from us and our partners.
3. How does Need collect or receive Personal Information?
(a) From Users of our Services We receive information from users of our Services, such as during account or profile creation and updating, placing an order, participation in surveys, participation in sweepstakes, promotions or contests, creating or posting content such as photos or reviews, contacting us, uploading or syncing your contacts, or signing up for additional Services or programs (e.g., our referral or gift programs). If a user provides Personal Information for or about others, such as in connection with our referral or gift programs, the user represents that they have all necessary rights and consents to provide the other person's Personal Information to us.
(b) Automatically Through Our Services When you use our Services, certain Personal Information is collected automatically from your device and browser.
(c) Through Cookies and Similar Technologies Cookies are small text files that are placed on your device, commonly through your browser, and that are used to record information such as settings. Depending on your settings, certain of our Services, including our website, may receive information about you from or through cookies or similar technologies (such as pixels or software development kits).
(d) From our Service Providers We may receive Personal Information from service providers whom we engage to perform services on our behalf, including communication services providers (e.g., email, SMS/text message, etc.), payment providers and processors, market research services providers, providers of services for promotions, sweepstakes and contests, and those that provide us with marketing, advertising, analytics, security, fraud, identity, and age verification services.
(e) From Legal Claims, Disputes, Requests, and Orders we may collect Personal Information from third parties or persons, such as law enforcement agencies, government agencies or authorities, users and non-users of our Services, and any other person or party who may be involved in the matter.
4. How does Need use Personal Information?
Depending on which Services you use and how you interact with us, Need may use your Personal Information (as described in Section 2 above):
(a) To Provide and Customize Need Services, including allowing you to place and pay for orders, facilitating the orders you place on or through our Need, recommending and ranking products based on your searches, location, reviews and order history and, if you have uploaded or synced your contacts, based upon where your contacts have ordered (however, we will not provide you with information on where a specific contact(s) ordered or what a specific contact(s) ordered), facilitating participation in promotions, sweepstakes and contests, making promotions, special offers and opportunities available to you, displaying reviews, photos and other content you post publicly, and customizing your experience (including, but not limited to, customization based on your preferences, location, and past use of our Services).
(b) To Provide Customer Support, including by exchanging communications, investigating, analyzing, and remediating support issues including as it relates to delivery of orders, evaluating our customer support and making improvements, and ensuring that support issues are handled in accordance with our internal standards, processes, and requirements and according to applicable law.
(c) To Develop, Analyze, and Improve our Services, including debugging or troubleshooting our Services, understanding how you and other customers use our Services and your preferences, improving the Services, and developing new Services or initiatives to provide our users with the best experience possible.
(d) To Advertise and Promote Need and our Services, including displaying advertising related to our Services, improving, developing and implementing marketing campaigns, analyzing whether our advertising is effective, and showing you ads that are most relevant to you about Need.
(e) To Allow and/or Facilitate Communications with Need, Racers, and Stores, including communications about our Services, Service updates, orders and account, changes to our terms and policies, and to allow or facilitate communications with Need, Racers, and Stores.
(f) For Authentication, Integrity, Security, Quality and Safety, including verifying your account and identity as applicable to our Services, providing a secure payment and shopping experience, to detect, investigate, and prevent malicious or illegal conduct, bugs, malware, fraudulent activity, illegal or unsafe experiences (such as ensuring age-restricted orders are delivered to the intended recipient), and any other actions we deem necessary to protect your safety and security as well as that of other people, property, and businesses, and to secure our Services.
(g) For Legal Reasons and Policy Compliance, including to comply with our obligations under applicable law and to respond to valid legal process (e.g., requests or orders from law enforcement, courts, regulators and other government agencies), to investigate or participate in civil discovery, litigation, or other adversarial legal proceedings, to enforce or investigate potential or actual violations of our terms, policies or other legal agreements, to investigate, monitor or mitigate any actual or alleged illegal activities in connection with our Services, to comply with any tax obligations, to perform audits and assessments, and to enable you to exercise your rights as legally required.
5. Need's Disclosure of Personal Information
Depending on which Need Services you use or interact with, Need may provide or disclose Personal Information (as described in Section 2 above) as follows:
(a) To Service Providers: To enable us to meet our business operations needs and to perform our Services, we may provide Personal Information to our service providers and vendors, including, but not limited to, providers of identification and verification services, cloud services, payment services, auditing services, security services, marketing and advertising services, promotions, sweepstakes and contest services, market research services, communication services, analytics services that help us understand usage of our Services, market enrichment services, location and mapping services, and customer support functions. These service providers may access, store and process your personal information outside of the jurisdiction in which you reside.
(b) To Racers: To facilitate the delivery of your orders, we disclose some information to Racers who deliver orders, such as recipient's name (such as first name and last initial), delivery address, location information through the Racer app (if location sharing is turned on), masked telephone number, order information (which may include information on products purchased), and user instructions (e.g., special and/or delivery instructions).
(c) To Stores: We disclose Personal Information to Stores in connection with the Services including, without limitation, disclosing Personal Information for the preparation of the order (such as selecting and preparing the product or good), facilitating the delivery by a Racer, and for fraud, trust, and safety concerns or matters (such as in connection with orders of age-restricted products or items). By placing an order, you acknowledge and agree that, if the Store is responsible for the delivery of an order, the Store may use your Personal Information to facilitate the delivery of the order to you (including using your contact information to communicate with you via phone calls, emails and/or SMS/text messages about the order and delivery). The Store is solely liable and responsible for all communications initiated or sent by the Store to you. If you are picking up an order from a Store who is using a Need provided tablet or device and you have enabled the collection and processing of location information, we may use your location information to let the merchant know that you have arrived or are close to arriving to pick-up your order.
(d) Publicly: We display content and information that you share publicly or permit or authorize us to share publicly, such as reviews about Stores or photos of things you have ordered, so that others can read and learn about your experiences with Stores on our platform and our Services.
(e) To Marketing and Advertising Partners: We may use third-party marketing and advertising partners to deliver advertising to you on behalf of Need and/or our Franchisees, including advertising that may be personalized based on your interactions with our Services as well as your activity on third-party services.
(f) For Actual or Potential Corporate Transactions: If we are involved in strategic transactions including any sale, merger, acquisition, joint venture, assignment, transfer, reorganization, bankruptcy or receivership, we may disclose your Personal Information and other information in the diligence process with counterparties and others assisting with the transaction and transferred to a successor or affiliate as part of that transaction along with other assets.
(g) To Government Authorities or where Legally Required or Permitted: We and our service providers (including domestic and foreign service providers) may share your Personal Information, including information about your interaction with our Services, with third parties such as government authorities, industry peers, or other third parties if legally required or permitted, or as necessary to enforce our agreements, prevent fraud, or protect the rights, property, or safety of our business, employees, merchants, Dashers, customers, or other persons or parties. These disclosures may include lawful access by US or foreign courts, law enforcement, or other government authorities.
(h) Need's Group of Companies: We may disclose your Personal Information to our corporate subsidiaries and affiliates in connection with our Services and business activities for use in connection with the purposes and uses described in this Policy.
(i) Other Third Parties or Persons: We may disclose or provide your Personal Information to other third parties or persons, such as with your consent or at your direction, including to individuals to whom you refer Need or the Services, in connection with co-branded opportunities, or in connection with you linking accounts with third parties to your account with us.
6. Your Privacy Rights and Choices
6.1. Your Privacy Rights
Subject to applicable law (and certain exceptions), you or your authorized agent may exercise the following rights with respect to your Personal Information:
(a) Access & Portability. Request a copy of the specific pieces and categories of Personal Information we have collected about you, and the categories of third parties with whom we have shared it, in a portable, machine-readable format.
(b) Deletion. Request that we delete your Personal Information, subject to our legal obligations to retain certain data. Deletion may affect your ability to use the Services.
(c) Correction. Request correction of inaccurate or incomplete Personal Information that we maintain about you.
(d) Opt-Out of Sale or Sharing for Targeted Advertising. Need does not "sell" Personal Information as defined by the CCPA. If we do share Personal Information for targeted advertising in the future, you may opt out via email at privacy@needwestwood.com.
(e) Opt-Out of Targeted Advertising. Disable cookies, pixels, or other tracking technologies used for personalized ads by adjusting your browser or device settings or using our in-app/browser-level opt-out options.
(f) Right to Appeal. Appeal any decision we make regarding your rights request.
(g) Right to Withdraw Consent. Where processing is based on consent, you may withdraw consent at any time. Withdrawing consent may limit certain features of the Services.
6.2. How to Exercise Your Rights
You may exercise your rights by email. Send a verifiable request to privacy@needwestwood.com with: (a) your full name, email address, and residency address; (b) the right(s) you wish to exercise; and (b) if you are an authorized agent, a signed authorization from the data subject and proof of your authority.We will take reasonable steps to verify your identity before fulfilling your request and respond within the timeframes required by law.
6.3. Additional Choice Mechanisms
Marketing Emails & Push Notifications. Unsubscribe by clicking the "Unsubscribe" link in any promotional email or by updating your notification preferences in Account Settings.
SMS Marketing. Reply STOP to any marketing SMS to opt out. To stop all SMS (including transactional messages), reply STOP to any SMS and then delete your account.
Global Privacy Controls (GPC). If your browser or device transmits a GPC signal, we will honor it as a valid opt-out request where required by law.
Do-Not-Track. Our Services do not respond to browser "Do Not Track" signals at this time.
If you have questions about your rights or need assistance, please email privacy@needwestwood.com.
7. Security and Retention
We use commercially reasonable administrative, organizational, technical and physical security controls to protect your Personal Information from unauthorized access, modification, disclosure, or destruction. However, we are not able to guarantee that your Personal Information is absolutely secure, since no Internet or email transmission is ever fully secure or error free. You should take special care in deciding what information you send to us via our Services or when you communicate with us through email, SMS/texts, chat, or other modes of communication. In addition, we are not responsible for circumvention of any privacy settings or security measures contained on our Services or those on third-party websites. Please recognize that protecting your Personal Information is also your responsibility and we urge you to take precautions to protect your Personal Information. If you have reason to believe that your Need account or any interaction with us is no longer secure please let us know immediately by contacting Need support or as indicated below in Section 14 (How to Contact Us) of this Policy.We retain your Personal Information for only as long as required to provide our Services to you and engage in the uses described in this Policy, unless a different retention period is required by applicable law.The criteria used to determine our retention periods include the type of Personal Information being processed, along with:
(a) The time necessary to fulfill the purposes for which we collected the information;
(b) The duration and status of your relationship or connection with us, including whether your account is active;
(c) Any retention period required for our compliance with legal, regulatory, or government requirements, including the period during which civil claims or regulatory actions may be filed or otherwise commenced and the period needed to resolve ongoing legal proceedings; and
(d) Our internal obligations, contractual commitments, including with Merchants, and other requirements.
8. Cross-Border Transfers of Personal Information
Because Need is headquartered and operates solely within the United States, all Personal Information we collect from you is stored and processed on servers located in the United States. We do not transfer Personal Information to locations outside the United States.In the event that we engage any third‑party service providers or adopt new systems that process or store Personal Information outside the United States, we will implement appropriate safeguards (such as standard contractual clauses or comparable measures) to ensure your data remains protected in compliance with applicable law.
9. Personal Information from Children
Our Services are not intended for individuals under the age of majority in the applicable jurisdictions, which includes for clarification, that our Services are not intended for individuals under the age of 18. Therefore, we do not knowingly process Personal Information from individuals under 18 years old. For clarification, Need also does not have knowledge that it sells or shares the Personal Information of consumers under 16 years of age. If a parent or legal guardian of a child under the applicable legal age believes that we have collected Personal Information from or about such an individual, please contact us at privacy@needwestwood.com.
10. Third-Party Sites
Our Services may link to other third-party websites that are not controlled by Need. These third parties are not under our control and we are not responsible for their privacy policies or practices. If you provide any Personal Information to any third party or through any such third-party websites, it will be subject to the privacy policies and practices of that third party.
11. Supplemental Notice For California Residents
This Supplemental California Privacy Notice ("Supplemental Notice") applies only to our processing of personal information of California residents as defined under the California Consumer Privacy Act of 2018 (CCPA). It supplements the general Privacy Policy and describes (a) Categories of Personal Information Collected, (b) Categories of Third Parties with Whom We Disclose Personal Information for Business Purposes, (c) "Sales" of Personal Information, and (d) Additional California Privacy Rights.
11.1. Categories of Personal Information Collected and Disclosed
In the last 12 months, Need has collected the following categories of personal information from California residents and (where indicated) disclosed them for business purposes:
(a) Identifiers Collected: name, postal address, email address, phone number, unique device/client identifiers, IP address. Disclosed to: Service Providers (e.g., SMS, payment processors), Data Analytics Providers, Franchisees (to fulfill and deliver your orders).
(b) Customer Records Collected: order history, transaction details, payment method last four digits. Disclosed to: Service Providers, Franchisees.
(c) Commercial Information Collected: products/services purchased, order frequency, delivery preferences. Disclosed to: Service Providers, Data Analytics Providers, Franchisees.
(d) Internet or Other Electronic Network Activity Collected: browsing history on our site/app, search terms, device and browser data. Disclosed to: Data Analytics Providers, Service Providers, Advertising Networks.
(e) Geolocation Data Collected: precise location reported by your device when placing an order. Disclosed to: Service Providers, Franchisees.
(f) Professional or Employment-Related Information Collected: job application data for Racer positions. Disclosed to: Service Providers (e.g., background-check vendors).
(g) Inferences Collected: profiles reflecting your preferences, purchase tendencies, or characteristics. Disclosed to: Data Analytics Providers, Service Providers.
11.2. "Sales" of Personal Information
For the purposes of the CCPA, Need does not "sell" personal information, nor do we have actual knowledge of any "sale" of personal information of minors under age 16.
11.3. Additional California Privacy Rights
Non-Discrimination. California residents have the right not to receive discriminatory treatment for exercising any CCPA rights.Authorized Agent. You, or someone legally authorized by you, may submit a verifiable consumer request on your behalf. We require written authorization from you and, if applicable, verification of the agent's identity.Verification. To protect your privacy, we take steps to verify your identity before fulfilling a CCPA request. We may ask for information about your account or use of our Services to confirm you are the person about whom we have collected personal information, or an authorized representative.How to Submit a Request. California residents may exercise their CCPA rights by submitting a verifiable request via email at privacy@needwestwood.com. We will respond to your request within the timeframes required by law.
11.4. California "Shine the Light" Law
Under California Civil Code Section 1798.83, you may once per calendar year request from us (at no charge) a list of the categories of personal information we disclosed to third parties for their own direct-marketing purposes during the prior year, and the names and addresses of those third parties. To make such a request, contact us as set forth above.
12. Supplemental Notice for Nevada Residents
If you are a resident of Nevada, you have the right to opt-out of the sale of certain Personal Information to third parties who intend to license or sell that Personal Information. You can exercise this right by contacting us at privacy@needwestwood.com with the subject line "Nevada Do Not Sell Request" and providing us with your name and the phone number associated with your account. Please note that we do not currently sell your Personal Information as sales are defined in Nevada Revised Statutes Chapter 603A. If you have any questions, please contact us as set forth below.
13. Changes to Our Privacy Policy
We may update this Policy periodically to account for changes in how we collect and process your Personal Information. To the extent any of these changes are material, we will provide notice and/or obtain consent where expressly required by law. Any updates to this Policy will apply to the collection and processing of Personal Information after the "Last Updated" date at the top.
14. How to Contact Us
For questions or concerns related to this Policy, please contact us at privacy@needwestwood.com or:
Need Westwood Delivery Solutions, Inc. Attn: Legal 2261 Market Street, Suite 86469 San Francisco, CA 94114