Last Updated: April 30, 2021
INFORMATION WE COLLECT WHEN YOU USE THE SITE AND HOW WE USE IT
Personally Identifiable Information
This Section (Personal Identifiable Information) governs our use and disclosure of your Personally Identifiable Information you may provide to us in connection with your use of the Site (e.g., your name, address, phone number and email address). We collect this information directly from you when you provide it to us; and /or automatically as you navigate through out Services. Information collected automatically may include usage details, IP addresses and information collected through cookies, web beacons and other tracking technologies.
1. Personally Health Information
Your PHI is protected under HIPAA and under certain state laws. Those laws give you rights with respect to the access, use, and disclosure of PHI by your health care providers, such as pharmacies, and us. When you place a pharmacy order using our Services, the pharmacy responds as we have described above under the Section entitled "Information we collect" by disclosing to Four-N-One your status as a patient of the pharmacy. Information concerning your status as a patient of the pharmacy is PHI and protected by HIPAA. As discussed above, no other PHI will be disclosed to us by your pharmacy and no other PHI will be disclosed by Four-N-One to your personal shopper other than your status as a patient of the pharmacy. For a more complete description of your rights under HIPAA and the uses and disclosures of your PHI, please refer to your pharmacy's Notice of Privacy Practices. We will not disclose your PHI without your prior written consent with other people or non-affiliated companies unless: (i) it is needed to provide our Services, (ii) it has been "de-identified" so that it cannot identify you, (ii) we have your prior written consent, (iv) disclosure is required by law, or (v) we are acquired or file for bankruptcy.
HOW WE USE AND SHARE THE PERSONAL IDENTIFIABLE INFORMATION WE COLLECT
Your personally identifiable information (including, name and e-mail address) may be used (and shared with our third-party service providers as needed to) to provide newsletters, promotional materials, and updates related to the Site and/or the four-n-one.com Apps, our participating merchants, specials or features or services offered or made available on or using the Site and/or the four-n-one.com Apps. When logged in to our website, www. four-n-one.com, you have the ability to edit your "SMS Notifications" preferences in your account to opt-out of receiving order updates via text messages. Alternatively, you may click the "unsubscribe" link contained in our email messages.
3. Usage information we collect
When you access or use the Site and the four-n-one.com Apps we may automatically receive and store usage information through cookies, clear gifs, log files, and other tracking technologies, and we may use third party analytics partners, such as Google Analytics, to assist with this collection. The type of information about how you use the Site and the four-n-one.com Apps (e.g., your mobile device ID, device type and operating system), information about your browser and usage patterns (e.g., your IP addresses, geolocation, cookie information and statistical information about your online experience, preferences, shopping cart content and the pages they request), and information about your device used to access the website (e.g., your mobile device ID, internet service provider, device type and operating system).
4. Location Information
When you use the Services, we may collect precise location data. For instance, if you allow the Services to access location services through the permission system used by your device's mobile operating system or browser, we may collect the precise location of your device. We use your location information to facilitate the prompt hand-off of pickup orders (where available), to assist you in finding nearby stores for which pickup or delivery are available, for other similar purposes and for analytics purposes. You can choose whether or not to enable the location tracking feature through the settings on your device or browser, or when prompted by the Four-N-One mobile app. We may also infer your general location information, for example by using your internet protocol (IP) address.
5. Log information
When you use the Services, or browse our sites, our servers will record information about your usage of the Services and information that is sent by your browser or device. Log information can include things like the IP address of your device, information about the browser, operating system and/or app you are using, unique device identifiers, pages that you navigate to and links that you click, searches that you run on the Services, and other ways you interact with the Services. If you are logged into the Services, this information is stored with your account information.
6. Cookies and other electronic tools
HOW WE USE AND SHARE THE USAGE INFORMATION WE COLLECT
Although non-personally identifiable, we may use such received and collected information to monitor aggregate use metrics, analyze traffic patterns, track content you may be interested in, diagnose and fix technology problems and otherwise plan for and enhance the Site and the four-n-one.com Apps, and disclose it to and share it with our third parties services providers for the same purpose as set out in this paragraph.
Other information that we collect which is used and shared as described below
In addition, other information that we collect and/or receive in connection with your use of the Site and/or the Delivery Apps is used to (and shared with participating merchants and our third party services providers to) contact you for administrative, customer service, security monitoring, fraud detection or similar purposes, as well as to communicate with you, to enhance your experience at and improve the four-n-one.com products and services and to improve the functionality and content of the Site and the four-n-one.com Apps including, without limitation, by showing the content that we think you might be interested in.
8. Compliance and protection
We may disclose any information we receive or collect in connection with your use of the Site and/or the four-n-one.com Apps to the extent that we determine in good faith to be required by any applicable laws, rules or regulations or order or in enforcement of our rights or property or the defense of claims. Without limiting the foregoing and in addition thereto, we may transfer your information to another entity if we are acquired by or merged with another entity, if all or substantially all of our assets or business are acquired by another company, or as part of a bankruptcy proceeding.
9. Third party services
The Site and the four-n-one.com Apps may from time to time display call-to-action buttons and/or include links to websites that are not owned or operated by us. We are not responsible for, do not endorse and have not reviewed the privacy practices of such buttons, websites, their owners or operators.
Our Services are not intended for children under 13 years of age, and we do not knowingly collect personal information (as defined by the U.S. Children’s Online Privacy Protection Act, or “COPPA”) in a manner not permitted by COPPA. If we obtain actual knowledge that any information we collect has been provided by a child under the age of 13, we will delete that information to the extent required by applicable laws.
We do not knowingly “sell,” as that term is defined under the California Consumer Protect Act (“CCPA”), the personal information of minors under 16 years old who are California residents.
11. Additional California rights
California's "Shine the Light" law (Civil Code Section § 1798.83) permits visitors who are California residents to request certain information regarding our disclosure of Personal information (as defined in California Civil Code Section 1798.83(e)(7)) to third parties for their direct marketing purposes. To make a request to access such information, please contact us at https://four-n-one.com/contact. After receiving such a request, we will provide a list of the categories of such Personal information disclosed to third parties for third-party direct marketing purposes during the immediately preceding calendar year, along with the names and addresses of these third parties. This request may be made no more than once per calendar year. We reserve our right not to respond to requests submitted other than to the address specified in this paragraph.
These additional disclosures for California residents apply only to individuals who reside in California. The California Consumer Privacy Act of 2018 (“ CCPA ”) provides additional rights to know, delete and opt out, and requires businesses collecting or disclosing personal information to provide notices and means to exercise those rights. The words used in this section have the meanings given to them in the CCPA, which may be broader than their common meaning. For example, the definition of “personal information” under the CCPA includes your name, but also more general information like age.
A. Notice of Collection.
Although the information we collect is described in greater detail above, the categories of personal information that we have collected – as described by the CCPA – including in the past 12 months are:
For more information on our collection practices, including the sources we receive information from, please review “INFORMATION WE COLLECT WHEN YOU USE THE SITE AND HOW WE USE IT”. We collect and use these categories of personal information for the business purposes described in “HOW WE USE AND SHARE THE PERSONALLY IDENTIFIABLE INFORMATION WE COLLECT” including to provide and manage our Services.
We disclose the following categories of personal information to third parties for our commercial purposes: identifiers, demographic information, commercial information, relevant order information, internet activity, geolocation data, sensory information, and inferences. We partner with different types of entities to assist with our daily operations and manage our Services. Please review “HOW WE USE AND SHARE THE USAGE INFORMATION WE COLLECT” for more detail about the third parties we have shared information with and the underlying principles the guide our sharing practices.
B. Right to Know and Delete.
California residents have the right to delete the personal information we have collected from you, and the right to know certain information about our data practices in the preceding twelve (12) months. In particular, you have the right to request the following from us:
If you would like to delete your personal information, you can do so by contacting us at https://four-n-one.com/contact. In the request, please specify which right you are seeking to exercise and the scope of the request. We will confirm receipt of your request within 10 days. We may require specific information from you to help us verify your identity and process your request. If we are unable to verify your identity, we may deny your requests to know or delete.
C. Right to Opt-Out.
We do not generally sell information as the term “sell” is traditionally understood. However, if and to the extent “sale” under the CCPA is interpreted to include advertising technology activities such as those implemented specifically for interest-based advertising, we will comply with applicable law as to such activity.
D. Authorized Agent.
You can designate an authorized agent to submit requests on your behalf. However, we will require written proof of the agent’s permission to do so and verify your identity directly.
E. Right to Non-Discrimination.
You have the right not to receive discriminatory treatment by us for the exercise of any your rights.
F. Financial Incentives.
Financial incentives are programs, benefits, or other offerings, including payments to consumers as compensation, for the disclosure, deletion, or sale of personal information about them. We offer a number of promotions and other incentives at any given time, each with their own individual terms. For a list and more details about our promotions and other incentives current at this time, please visit our page which lists each promotion and links its respective terms here. Your intentional participation in any of the programs, benefits, or other offerings under this Section will be interpreted as affirmative consent to the terms of such incentive.
For example, we offer a referral rewards program to our users who recommend our services to their contacts as prospective customers, when those prospective customers sign up for, and make a purchase using our Services. We generally do not treat consumers differently if they exercise a right under California law. However, in certain circumstances, discounted prices or rewards will require you to be part of the particular program. In such circumstances, we may offer a price difference because the price is reasonably related to the value of your data.
G. Shine the Light.
If you are a California resident, you may ask Four-N-One Delivery’s for a notice describing what categories of personal information Four-N-One Delivery shares with third parties or affiliates for those third parties or affiliates’ direct marketing purposes and identify the name and address of the third parties that received such personal information. Please submit a written request to the address provided below and specify you want a copy of your California Shine the Light Notice. We may require additional information from you to allow us to verify your identity and are only required to respond to requests once during any calendar year.
H. Consumer Affairs
Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights notice: If you have a question or complaint regarding the Website or app, please contact us at https://four-n-one.com/contact. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
12. Additional Nevada rights
If you are a Nevada resident, you may ask Four-N-One to add you to our opt-out list for possible future sales of certain information we have collected or will collect about you. A sale under Nevada law is the exchange of personal information for monetary consideration by the business to a third-party for the third-party to license or sell the personal information to other third parties. To submit such a request, please contact us https://four-n-one.com/contact .
13. Additional Canada rights
You may request access to or correction of your personal information, or withdraw consent to our collection, use or disclosure of your personal information, by writing to our Privacy Team at https://four-n-one.com/contact. These rights are subject to applicable contractual and legal restrictions and reasonable notice. We may take reasonable steps to verify your identity before honoring any such requests.
15. How to contact us
A crowdfunding investment involves risk. You should not invest any funds in this offering unless you can afford to lose your entire investment. In making an investment decision, investors must rely on their own examination of the issuer and the terms of the offering, including the merits and risks involved. These securities have not been recommended or approved by any federal or state securities commission or regulatory authority. Furthermore, these authorities have not passed upon the accuracy or adequacy of this document. The U.S. Securities and Exchange Commission does not pass upon the merits of any securities offered or the terms of the offering, nor does it pass upon the accuracy or completeness of any offering document or literature. These securities are offered under an exemption from registration; however, the U.S. Securities and Exchange Commission has not made an independent determination that these securities are exempt from registration.
THIS NONDISCLOSURE AGREEMENT (“Agreement”) is made as of this day of ackoweldgement of Agreement by and between Four-N-One Delivery, Inc. and Potential Investor with reference to the following facts:
NOW, THEREFORE, in consideration of the above recitals, the covenants hereinafter contained, and other good and valuable consideration (the receipt and sufficiency of which is hereby acknowledged) the undersigned hereby agree as follows:
1. Potential Investor’s Obligations. Potential Investor agrees for the Nondisclosure Period (defined below) (i) to hold all of the Confidential Information of Company in strict confidence, (ii) not to make use of any Confidential Information of Company in any manner other than for purposes of evaluating a potential investment in Company, including, but not limited to, not using any Confidential Information to design, develop or produce products or services, and (iii) not to copy the Confidential Information of Company, in each instance without the prior written consent of the Company. As used in this Agreement, “Confidential Information” means and includes all information, whether verbal or written, disclosed by Company to Potential Investor and relating to Company’s business plans, strategies, financial information, research and development and marketing, including, without limitation, trade secrets, software, product design information, client, customer, vendor and potential investor lists, prices and pricing policies not otherwise published, research and development materials, prototypes, business plans, new products and services under development, and marketing, business and Internet strategies. Confidential Information does not include information which is (a) known by Potential Investor at the time of receipt from Company, (b) approved in writing for release from this provision by Company, (c) now or which hereafter becomes part of the public domain through no action or omission of Potential Investor, (d) independently developed by Potential Investor without the use of Confidential Information, and/or (e) acquired by Potential Investor from a third party without restriction on use or disclosure and without breach by such third party of an obligation of confidentiality. The “Nondisclosure Period” shall be begin on the Effective Date and continue for a period of five (5) years.
2. For Investment Purposes Only. Potential Investor acknowledges and agrees that this Agreement is made for the purposes of considering an investment in Company only and nothing herein shall be construed in any way as an offer, an attempted offer, or a solicitation for the sale of any product or service which has been or may be developed by Company. Nothing contained in this Agreement shall be deemed to constitute either party a partner, joint venturer or employee of the other party for any purpose.
3. Actions Not Required. Potential Investor understands that nothing herein (a) requires the disclosure of any Confidential Information of Company, which shall be disclosed, if at all, solely at the option of Company or (b) requires Company or Potential Investor to proceed with any proposed transaction or relationship in connection with which Confidential Information of Company may be disclosed.
4. Property Rights. Company retains all of its intellectual property rights in and to its Confidential Information. Immediately upon a written request by Company at any time, Potential Investor will turn over to Company all Confidential Information of Company and all documents or media containing any Confidential Information of Company and any and all copies or extracts thereof.
Return of Confidential Information. Potential Investor shall immediately return and redeliver to Company all tangible material embodying any Confidential Information provided hereunder and all notes, summaries, memoranda, drawings, manuals, records, excerpts or derivative information deriving therefrom, and all other documents or materials (“Notes”) (and all copies of any of the foregoing, including “copies” that have been converted to computerized media in the form of image, data, word processing, or other types of files either manually or by image capture) based on or including any Confidential Information, in whatever form of storage or retrieval, upon the earlier of (i) the completion or termination of the dealings between the parties contemplated hereunder; (ii) the termination of this Agreement; or (iii) at such time as the Company may so request; provided however that the Potential Investor may retain such of its documents as is necessary to enable it to comply with its reasonable document retention policies. Alternatively, the Potential Investor, with the written consent of the Company may immediately destroy any of the foregoing embodying Confidential Information (or the reasonably nonrecoverable data erasure of computerized data) and, upon request, certify in writing such destruction by an authorized officer of the Potential Investor supervising the destruction).
5. No License Granted. Neither the execution and delivery of this Agreement nor the furnishing of any Confidential Information of Company by Company shall be construed as granting to Potential Investor either expressly, by implication, estoppel or otherwise, any license under any invention, patent, trademark, or copyright now or hereafter owned or controlled by Company.
No Assignment. Neither Party shall assign any of its rights or obligations hereunder, without the prior written consent of the other Party. Any attempted assignment in violation of this section will be void and of no effect.
6. No Adequate Remedy At Law. Potential Investor acknowledges and agrees that due to the unique nature of the Confidential Information of Company, there can be no adequate remedy at law for any breach of its obligations hereunder, that any such breach may allow Potential Investor or third parties to unfairly compete with Company resulting in irreparable harm to Company, and, therefore, that upon any such breach or any threat thereof, Company shall be entitled to (a) specific performance and other injunctive relief without the necessity of posting a bond, in addition to whatever remedies it might have at law, and (b) be indemnified by Potential Investor from any loss or harm, including, without limitation, attorney's fees, in connection with any breach or enforcement of Potential Investor's obligations hereunder or the unauthorized use or release of any such Confidential Information of Company. Potential Investor shall notify Company in writing immediately upon the occurrence of any such unauthorized release or other breach of which it is aware.
7. Governing Law. This Agreement shall be governed in all respects by the laws of the State of _____________ without regard to the conflict of law provisions of such state. This Agreement shall be binding upon the successors and assigns of the respective parties.
8. Disclosure Under Court Order. Potential Investor may make disclosures required by court order if Potential Investor (a) uses reasonable efforts to limit disclosure and to obtain confidential treatment or a protective order and (b) promptly provides notice to Company of and allows Company to participate in the proceeding.
9. Notice. All notices or requests required or contemplated by this Agreement shall be in writing and (a) if from Company to Potential Investor, shall be hand-delivered or mailed to Four-N-One Delivery, 2781 Ward Lake Way Ellenwood, Georgia 30294, or such other address as Company shall specify in written notice to Potential Investor, or address as Potential Investor shall specify in written notice to Company. Requests or notices given by personal delivery shall be deemed given and received at the time of delivery and requests or notices given by mail shall be deemed given and received the earlier of three days from the date of mailing or upon receipt.
10. General Provisions. In the event that any of the provisions of this Agreement shall be held by a court or other tribunal of competent jurisdiction to be illegal, invalid or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect. This Agreement supersedes all prior discussions and writings and constitutes the entire agreement between the parties with respect to the subject matter hereof. This Agreement may not be modified or amended except by an instrument in writing signed by the parties hereto. Accordingly, no course of conduct shall constitute an amendment or modification of this Agreement. No waiver of this Agreement will be binding upon either party unless made in writing and signed by a duly authorized representative of each party and no failure or delay in enforcing any right will be deemed a waiver. All waivers shall be strictly construed.
IN WITNESS WHEREOF, the parties hereto have duly executed and have caused this Agreement duly to be executed and delivered as of the Effective Date.