DEAR GUESTS, DEAR NEIGHBORS, DEAR FRIENDS!

We are sorry to announce that our stores are closed with immediate effect and unfortunately will not reopen. We would like to thank all of you who have stopped by, appreciated our offer, and remained loyal to us.

Thank you for welcoming us into the LA community.
We loved pudding smiles on your faces every single day!

You still have pudu pudu vouchers?
Feel free to contact us any time at weare@pudupudu.com.

Thank you & goodbye
your pudu pudu team

This privacy policy (“Privacy Policy”) lets you know how Dr. Oetker Hospitality USA LLC (“Dr. Oetker Hospitality”) collects, uses and shares information when you visit or interact with www.pudupudu.com or any of its features or online services (“Site”), and also applies to information collected offline by Dr. Oetker Hospitality, including when you make a purchase or otherwise interact with us at a pudu pudu store.

When you submit information to us or interact with us through the Site or offline, you agree to this Privacy Policy. If you do not agree to the terms of this Privacy Policy, please do not use the Site. Please review our Terms of Use, which also applies to your use of the Site.

TABLE OF CONTENTS General Audience Site Information We Collect Information You Provide To Us Directly Information We Collect Automatically Send to a Friend Features Information We Receive From Third Parties Social Media Features How We Use Information How We Share Information Third Parties Providing Services on our Behalf Parent and affiliated companies When You Agree to Receive Information from Third Parties or Direct That We Share Your Information Administrative and Legal Reasons Business Transfers and Transitions Sweepstakes, Contests, Promotions Third Party Analytics And Advertising Providers And Similar Third Parties "Do Not Track" Requests Security Third Party Links And Content International Transfer Of Personal Information Your Marketing Choices And Updating Information Changes To The Privacy Policy Contact Information Notice to California Residents California Privacy Notice Your California Privacy Rights Notice To Nevada Residents

1. GENERAL AUDIENCE SITE The Site is intended for a general audience and is not intended for use by or targeted to children younger than the age of 16. We do not knowingly collect personal information from children younger than the age of 16. If you are the parent or legal guardian of a child younger than age 16 and believe that we have collected personal information from your child, please contact us using the information in the “Contact Us” section below.

2. INFORMATION WE COLLECT We may collect information from you directly, automatically when you visit the Site, and sometimes from third parties. Some of this information may be considered “personal information” under various applicable laws. We consider information that identifies you as a specific, identified individual (such as your name, phone number, and email address) to be personal information. We will also treat additional information, including IP addresses and cookie identifiers, as “personal information” where required by applicable law. Note that we may de-identify personal information so that it is non-personal, such as aggregating or converting it to a code, sometimes using a function commonly known as “hash”. We will treat de-identified information as non-personal to the fullest extent allowed by applicable law.

2.1 INFORMATION YOU PROVIDE TO US DIRECTLY You may provide information directly to us, such as when you create an account, communicate with us through the “Contact Us” or other feature on the Site, apply for a job with us, sign up for our marketing emails, or interact with other features of the Site. This may include contact information (such as your full name, email address, phone number) demographic information (for example, your age or birthdate or similar information), information about your preferences and interests, and other information about you.

The Site may also allow you to purchase products directly from us, in which case we may ask you to provide payment information (such as a credit or debit card number and other associated card information), as well as shipping and billing information.

This information may be collected and processed through a third-party payment processor. For example, Square, Inc. hosts our online shop and information you provide through Square, Inc. is subject to their privacy policies for buyers, including the Privacy Notice for Square Buyer Features for more information on how Square processes data from customers, and the Privacy Notice for non-account holders for more information on how Square processes their data as your service provider. Dr. Oetker Hospitality is not responsible for the privacy practices of any third party.

2.2 INFORMATION WE COLLECT AUTOMATICALLY In addition to any personal information or other information you choose to submit to the Site, we and our third party business partners (including any third party service providers or third party content, advertising, and analytics providers) may use a variety of technologies, including cookies and web beacons, that automatically or passively collect certain information whenever you access or interact with the Site (“Usage Information”). We may use Usage Information for a variety of purposes, including enhancing or otherwise improving the Site and our products and services. In addition, we may automatically collect your IP address or other unique identifier (“Device Identifier”) for any computer, mobile phone, or other device you may use to access the Site. A Device Identifier is a number that is automatically assigned to your device used to access the Site, and our servers identify your device by its Device Identifier.

The usage information we collect may include (but is not limited to):

Date and time of your visit to the Site. Areas you visit within the Site. Links that you click on within the Site. Websites or advertisements you visit before or after visiting the Site. Terms you entered into a search engine that lead you to the Site. Device Identifier and other Usage Information for the device used to access the Site. We may be able to infer your approximate location through your IP address or other information that we collect. Device and connection information, such as browser type and version, operating system, and platform. Whether an email message we sent was opened and whether a link in the email message was clicked.

The technologies used to collect Usage Information may include the following:

Cookies and Log Files: A cookie is a data file placed on your computer or other device when it is used to visit the Site or otherwise access our online content. Cookies may be used for many purposes, including, without limitation, remembering you and your preferences, tracking your visits to our web pages, and facilitating your check-out and purchases. We use both session and persistent cookies (which remains on your computer after the browser has been closed). You may set up your computer to reject cookies by the privacy settings for your web browser although, in that case, you may not be able to use some of the features on our Site.

To get information about cookies from All About Cookies.org, click here. If you disable cookies, adjust privacy settings on your device, restrict local storage, or otherwise limit these technologies, you may not be able to use some features of the Site.

Web Beacons: We may use web beacons (small graphic images or other web programming code, also known as “1×1 GIFs” or “clear GIFs” or “pixel tags”) and similar technologies on our Site and within our communications to you. Web beacons can recognize certain types of information on your computer such as cookies, the time and date a page is viewed, and a description of the page where the web beacon is placed. Web beacons or similar technologies may be used for a number of purposes, including, without limitation, to count visitors to the Site, to monitor how users navigate the Site, to count how many e-mails that were sent were actually opened or to count how many particular articles or links were actually viewed and to improve your experience on the Site, including to provide you with content customized to your interests. Our web beacons may collect some contact information (for example, the email address associated with an email message that contains a web beacon).

Embedded Scripts: An embedded script is programming code that is designed to collect information about your interactions with the Site, such as the links you click on. The code is temporarily downloaded onto your device from our web server or a third-party service provider, is active only while you are connected to the Site, and is deactivated or deleted thereafter.

In addition, we may use a variety of other technologies that collect Usage Information and similar information for security and fraud detection purposes and to enforce our intellectual property rights.

2.3 SEND TO A FRIEND FEATURES If you send a friend a communication from the Site, the information you provide (names, email addresses, etc.) is used on a one-time basis to facilitate the communication and is not used for any other marketing purposes, unless we obtain consent from that person. If you disclose any personal information relating to other people to us, you represent that you have the authority to do so and to permit us to use the information in accordance with this Privacy Policy.

2.4 INFORMATION WE RECEIVE FROM THIRD PARTIES We may receive information about you from third parties, including business partners and data providers. For example, we may receive information about you from our third party payment processor (such as your name, contact information, birthdate, and purchase history). If you are on another website and agree to receive information from us, that site will forward your information to us or it may otherwise be accessible to us so that we may contact you. If we partner with a third party for a sweepstake or promotion, your information may be shared in connection with your entry. Note that any information you provide directly to a third party is subject to the third party’s privacy practices and policies.

We also may supplement the information we collect with outside records from other third parties, such as public databases, publicly available social media pages, joint marketing partners, and third parties who enhance the information we have about you. We use this information to better understand our customers, to tailor our content and advertisements, enhance our products and services, and for other business purposes.

2.5 SOCIAL MEDIA FEATURES Through the Site or as you interact with us in a store, you may be able to also interact with a third party social or media platform (such as Facebook, Instagram, or TikTok) (“Social Media Platforms”) or to connect a Social Media Platform to the Site, for example “liking” or “sharing” content from the Sites, posting your social media posts to the Site, including a hashtag associated with us in your social media post, accessing our online shop through a Social Media Platform, or registering with the Site using existing login information from a Social Media Platform (“Social Media Features”). When you use Social Media Features, both we and the Social Media Platform may have access to certain information about you and your use of the Site, the Social Media Features, and the Social Media Platform. When you visit the Site, these third-party Social Media Platforms may collect certain information about you, regardless of whether or not you affirmatively interact with the Social Media Feature and whether or not you are logged into (or have) an account with the Social Media Platform.

If you use Social Media Features, your interaction and personal information may be publicly disclosed on the Site and on the Social Media Platform. If others give us access to their profile, page, or other content on a Social Media Platform, we may also receive information about you if it is accessible through that content.

The information we collect in connection with Social Media Features is subject to this Privacy Policy. Your use of Social Media Features is also subject to the Terms of Use. The information the third-party platform collects is subject to the third party’s privacy practices (including whether the third party shares information with us, the types of information shared, and your choices about what is visible to others on the third-party platform).

3. HOW WE USE INFORMATION We may use information we collect, including personal information and Usage Information, to:

To enable you to use the Site or other services we offer, such as maintaining your account information, fulfilling your orders, accepting your payments, shipping and delivering your orders and email messages, and processing information you provide to us, including verifying that your email address is active and valid. To communicate with you and send you information about us and the Site, products, services, and activities. To contact you about administrative matters, such as changes to our Privacy Policy, Terms of Use, or other policies. To tailor the content and advertising we display to you or others, on the Site or elsewhere, and to analyze trends and statistics. To create advertising models through lookalike modelling or other research methodologies. To provide customer service, such as responding to your questions, complaints, or comments and getting your feedback. For internal business purposes, such as improving the Site, products, and services and to comply with legal requirements and our business practices, such as our recordkeeping, backup, and document retention policies. To operate and protect the Site from errors, misuse of the Site, fraud, any criminal activity, and other illegal activities or activities that violate our terms and policies, detect and troubleshoot problems, resolve disputes, and enforce applicable agreements and policies. To consider an employment application you submit through the Site. For other reasons that we disclose when you provide your information or otherwise with your consent.

4. HOW WE SHARE INFORMATION We may share non-personal information, such as aggregate user statistics, hashed or otherwise de-identified information, and Usage Information, with third parties. We may also share personal information: (i) as disclosed when you provided it, (ii) with your consent, (iii) as required by law, and (iv) described elsewhere in this Privacy Policy, and (v) in the circumstances described below – all as permitted by applicable law:

4.1 THIRD PARTIES PROVIDING SERVICES ON OUR BEHALF We use third parties to provide services to us or on our behalf, such as operating and supporting the Site, maintaining accounts, fulfilling orders, processing payments, sending our communications, analyzing data, or performing marketing or consulting services. We give these third parties access to your personal information (or allow them to collect information from or about you) so that they can provide the services.

4.2 PARENT AND AFFILIATED COMPANIES Dr. Oetker Hospitality may share information with Dr. Oetker Hospitality GmbH (our parent company), Dr. August Oetker Nahrungsmittel KG (which is Dr. Oetker Hospitality GmbH’s parent company), and other brands and affiliated companies in the Dr. Oetker family, including franchisees. These other related companies will use information collected through the Site for internal business, analytical, and operational purposes and also for their own marketing purposes, including so that they may contact you with their own direct marketing. You may opt out of the sharing of the personal information we have collected about you with these affiliated parties for their direct marketing purposes as described in the “YOUR MARKETING CHOICES AND UPDATING INFORMATION” section below.

Please note that if you have separately signed up to receive marketing communications from our parent or other affiliated companies, you will need to follow the opt-out procedures offered by that company in order to stop receiving marketing messages from that company. Opting out through us will not affect your receipt of marketing messages from other affiliated companies you have interacted with directly. And, if we have shared your information prior to you opting out, you will need to opt out directly with the third party who contacts you with marketing communications.

California Residents, please see our “Notice to California Residents” section below for additional information about California privacy rights.

4.3 WHEN YOU AGREE TO RECEIVE INFORMATION FROM THIRD PARTIES OR DIREKT THAT WE SHARE YOUR INFORMATION We do not share personal information with any third party for the third party’s own direct marketing purposes unless we first provide you with the opportunity to agree (by opting-in or electing not to opt-out). If you opt-in or if you do not opt-out at the time choice is provided, your personal information will be disclosed to that third party and will be subject to the third party’s privacy practices.

We may share information when you direct us to do so. For example, you may be presented with an opportunity to receive marketing offers from a third party, engage with Social Media Features or other third party application or feature, or make a purchase from us through a third party payment processor, through which information about you is shared. Please note that we are not responsible for the privacy practices of third-parties. If you later decide that you no longer want to receive communications from a third party, you will need to contact that third party directly.

4.4 ADMINISTRATIVE AND LEGAL REASONS To the extent permitted by law, we may transfer and disclose your personal information to third parties to comply with a legal obligation; at the request of government authorities or law enforcement conducting an investigation or to cooperate on an investigation on public safety or into claims of intellectual property infringement; pursuant to a subpoena or other legal request or process; to protect the integrity of the Site, enforce or protect the rights, property, safety, security of us, such as our Terms of Use or other policies applicable to the Site and for fraud prevention, or any individual; in the event of an emergency; or to otherwise protect the health and safety of our users or the general public. We may also use Device Identifiers, including IP addresses, to identify users, and may do so in cooperation with copyright owners, Internet service providers, website service providers or law enforcement agencies, in our discretion. Such disclosures may be made without notice to you.

4.5 BUSINESS TRANSFER AND TRANSITIONS We may, in evaluating or engaging in a sale of assets, bankruptcy, merger, or other transaction (including, without limitation, during the course of any due diligence process), transfer or assign your personal information, which you agree that we may do without your further consent. We may also share your personal information with any parent company of ours for business and operational purposes. By providing your personal information, you agree that we may transfer such information to the acquiring entity.

4.6 SWEEPSTAKES, CONTESTS, PROMOTIONS We may offer sweepstakes, contests, or other promotions (any, a “Promotion”), that may require registration. By participating in a Promotion, you are agreeing to the provisions, conditions, or official rules that govern the Promotion, which may require specific requirements of you (including, without limitation, and except where prohibited by law, allowing the sponsor(s) of the Promotion to use your name, voice, likeness, or other indicia of persona in advertising or marketing materials). If you choose to enter a Promotion, Personal Information may be disclosed to third parties or the public in connection with the administration of such Promotion, including, without limitation, in connection with winner selection, prize fulfillment, as required by law or permitted by the Promotion’s terms or official rules (such as on a winners list).

5. THIRD PARTY ANALYTICS AND ADVERTISING PROVIDERS AND SIMILAR THIRD PARTIES Dr. Oetker Hospitality works with third parties, such as analytics companies, network advertisers, ad agencies, and others who provide us with information about the Site, Site users, and our advertisements, and who serve our advertisements on our Site and elsewhere online. We and our third-party business partners collect certain information about your visits to and activity on our Site and other websites and services, including Social Media Platforms, and may use this information to target advertising to you and others and to assess the effectiveness of our advertising. We may also share (or permit third parties to collect) certain information, such as Usage Information, aggregated or de-identified or hashed information, with these third parties for similar purposes.

These third parties may set and access their own tracking technologies on your device (including cookies and web beacons) and may otherwise collect or have access to your personal information over time, including your visits to and activity on the Site as well as other websites and online services.

Your Advertising Choices: Some of these third parties may be members of the Network Advertising Initiative (“NAI”) or Digital Advertising Alliance (“DAA”) Self-Regulatory Program for Online Behavioral Advertising. Both NAI and DAA provide information regarding procedures for opting-out of targeted online advertising from participating companies. For information from NAI about opting out, click here. For information from DAA about opting out click here.

We also use Google Analytics, which uses cookies and other technologies to collect and analyze information about use of the Site and provide other reports. This service may also collect information regarding your use of other websites, apps, and online resources. For information about opting out from Google, click here, and to download the Google Analytics opt-out browser add-on from Google, click here.

Opting out through these mechanisms does not block all online advertising; you will continue to receive generic advertisements while online.

6. "DO NOT TRACK" REQUESTS Some browsers can be set to send a "Do Not Track" request that requests that a website not track the visitor’s activity. Currently, our Site does not stop tracking in response to those requests except as specifically required by law. For information about "do not track" from The Future of Privacy Forum, click here.

7. SECURITY We take commercially reasonable steps to secure information. For example, the checkout process uses SSL (Secure Socket Layer) technology to help protect the transaction. No computer system is fully secure, however, and there are inherent risks associated with online transactions. You use the Site and submit information to us at your own risk.

8. THIRD PARTY LINKS AND CONTENT The Site may contain links to other web sites that Dr. Oetker Hospitality does not control, and advertising and other content hosted and served by third parties. The third parties whose content appears on the Site may collect information about you through the use of cookies and web beacons, may independently collect or solicit personal information, and may have the ability to track your use of their sites and services. Likewise, our content may be included on third parties’ web pages and web sites that are not associated with Dr. Oetker Hospitality and over which we have no control. We may collect Usage Information through Dr. Oetker Hospitality content appearing on third party sites, including through Social Media Platforms. Dr. Oetker Hospitality is not responsible for the privacy practices of any third party.

9. INTERNATIONAL TRANSFER OF PERSONAL INFORMATION Information we collect may be transferred, processed, or stored in the U.S., the EU, and other jurisdictions. By visiting the Site or providing information, you understand and unambiguously agree to the transfer, processing, and storage of your information in the U.S, the EU, and other jurisdictions, which may not have the same data protection laws as the country where you are located.

10. YOUR MARKETING CHOICES AND UPDATING INFORMATION You are responsible for maintaining the accuracy of the information you submit to us. You may update, correct, or delete the personal information you have provided by contacting us at data-privacy@pudupudu.com. We will take commercially reasonable steps to make changes in our active databases but will keep the original information consistent with our business practices (e.g. recordkeeping, backup, and document retention).

To opt out of promotional email communications from us, click on the unsubscribe link in a promotional email you receive from us. Please note that we reserve the right to send you certain communications relating to your use of the Site (for example, policy updates, service announcements, or communications relating to your use of the Site) and these administrative or transactional account messages may be unaffected if you opt-out from marketing communications.

To opt out of having your personal information shared with our parent and affiliated companies for their own marketing purposes, please email: data-privacy@pudupudu.com.

11. CHANGES TO THE PRIVACY POLICY To the extent permitted by applicable law, we may change this Privacy Policy from time to time. We will notify you of material changes by posting the changed or modified Privacy Policy on our Site. We may also notify you in other ways, such as through contact information you have provided. The revised Privacy Policy will take effect when posted unless a later date is specified. To the fullest extent permitted by applicable law, you agree that by accessing, visiting, or using the Site or submitting information to any of the Site or in-store after the effective date (or taking any other action as specified in the revised Privacy Policy), you agree to the revised Privacy Policy. However, we will provide notice and obtain your consent (opt-in or opt-out) if required by law.

12. CONTACT INFORMATION If you have any questions or concerns about this Privacy Policy, please email us at data-privacy@pudupudu.com.

13. NOTICE TO CALIFORNIA RESIDENTS

13.1 CALIFORNIA PRIVACY NOTICE This California Privacy Notice is effective as of March 25th, 2021.

This notice supplements Dr. Oetker Hospitality’s Privacy Policy and applies only to California Consumers. This California Privacy Notice sets forth the disclosures and rights for California Consumers regarding their Personal Information, as required by the California Consumer Privacy Act (“CCPA”). Terms (including defined capitalized terms) used in this California Privacy Notice have the same meanings given in the CCPA and the regulations of the Attorney General implementing the CCPA, unless otherwise defined.

INFORMATION DR. OETKER HOSPITALITY COLLECTS

The Personal Information we collect about you will depend upon how you use our Site or otherwise interact with us. Accordingly, we may not collect all of the below information about you.

We may also collect and/or use additional types of information, and will do so after providing notice and obtaining your consent to the extent such notice and consent is required by the CCPA.

Identifiers

Category of Personal Information Collected

This category includes information such as name, contact information, and online or device identifiers.

Categories of Sources from which the Information was Collected

We may collect this type of information from:

Consumers, Cookies and tracking technologies, Dr. Oetker Hospitality’s parent and affiliated companies, Third party social media companies, Third party business partners, such as data analytics providers, data brokers, advertising networks, joint marketing partners, or third parties who host our online shop or process payments. Business or Commercial Purpose(s) for which Information is Collected

We may use this type of information to:

We may disclose this type of information to:

Dr. Oetker Hospitality’s parent and affiliated companies Third party service providers, Third parties whose features are integrated on our Site or who include our content on their sites, such as social media platforms, Third parties who host our online shop or process payments, Third party advertising and analytics companies, Third parties with whom we have joint marketing and similar arrangements, Law enforcement, government entities, or others if required by law or in connection with court proceedings (such as pursuant to subpoenas or court orders), Third parties as needed to protect and/or defend our legal rights, Third parties who may acquire your information as a result of a merger, acquisition or other ownership transition, Third parties when you agree to or direct that we share your information with them. Categories of Third Parties to Whom this Type of Personal Information is Sold

We share information with Dr. Oetker Hospitality’s parent and affiliated companies, and some of this sharing may be considered a sale under the CCPA. Third party advertising and analytics business partners may have access to this data, and this may be considered a sale under CCPA under certain circumstances.

Any categories of personal information described in subdivision (e) of Section 1798.80

Category of Personal Information Collected

This category includes information such as name, contact information, financial information and online or device identifiers.

Categories of Sources from which the Information was Collected

We may collect this type of information from:

We may use this type of information to:

We may disclose this type of information to:

Dr. Oetker Hospitality’s parent and affiliated companies Third party service providers, Third parties whose features are integrated on our Site or who include our content on their sites, such as social media networks, Third party advertising and analytics companies, Third parties who host our online shop or process payments, Third parties with whom we have joint marketing and similar arrangements, Law enforcement, government entities, or others if required by law or in connection with court proceedings (such as pursuant to subpoenas or court orders), Third parties as needed to protect and/or defend our legal rights, Third parties who may acquire your information as a result of a merger, acquisition or other ownership transition, Third parties when you agree to or direct that we share your information with them. Categories of Third Parties to Whom this Type of Personal Information is Sold

We share information with Dr. Oetker Hospitality’s parent and affiliated companies, and some of this sharing may be considered a sale under the CCPA.

Third party advertising and analytics business partners may have access to this data, and this may be considered a sale under CCPA under certain circumstances.

Commercial information

Category of Personal Information Collected

This category includes, for example, information about your transactions with us, reviews you have written, your contacts with our customer service, and your participation in sweepstakes or contests we have offered.

Categories of Sources from which the Information was Collected

We may collect this type of information from:

Consumers, Cookies and tracking technologies, Dr. Oetker’s parent and affiliated companies, Third party social media companies, Third party business partners, such as data analytics providers or third parties who host our online shop or process payments. Business or Commercial Purpose(s) for which Information is Collected

We may use this type of information to:

To enable you to use the Site or other services we offer, such as fulfilling your orders, accepting your payments, shipping and delivering your orders and email messages, To tailor the content and advertising we display to you or others, on the Site or elsewhere, and to analyze trends and statistics. To create advertising models through lookalike modelling or other research methodologies. To provide customer service, such as responding to your questions, complaints, or comments and getting your feedback. For internal business purposes, such as improving the Site, products, and services and to comply with legal requirements and our business practices, such as our recordkeeping, backup, and document retention policies. To operate and protect the Site from errors, misuse of the Site, fraud, any criminal activity, and other illegal activities or activities that violate our terms and policies, detect and troubleshoot problems, resolve disputes, and enforce applicable agreements and policies. For other reasons that we disclose when you provide your information or otherwise with your consent. Categories of Third Parties to whom this type of Personal Information is Disclosed for a Business Purpose

We may disclose this type of information to:

Dr. Oetker Hospitality’s parent and affiliated companies, Third party service providers, Third parties who host our online shop or process payments, Third parties with whom we have joint marketing and similar arrangements, Law enforcement, government entities, or others if required by law or in connection with court proceedings (such as pursuant to subpoenas or court orders), Third parties as needed to protect and/or defend our legal rights. Third parties who may acquire your information as a result of a merger, acquisition or other ownership transition, Third parties when you agree to or direct that we share your information with them. Categories of Third Parties to Whom this Type of Personal Information is Sold

We share information with Dr. Oetker Hospitality’s parent and affiliated companies, and some of this sharing may be considered a sale under the CCPA.

Third party advertising and analytics business partners may have access to this data, and this may be considered a sale under CCPA under certain circumstances.

Internet or other electronic network activity information

Category of Personal Information Collected

This category includes information such as details about the hardware and software you use to visit the Site, areas of the Site you visit, and login information.

Categories of Sources from which the Information was Collected

We may collect this type of information from:

Consumers, Cookies and tracking technologies, Dr. Oetker Hospitality’s parent and affiliated companies, Third party social media companies, Third party business partners, such as data analytics providers, data brokers, advertising networks, joint marketing partners, and third parties who host our online shop or process payments. Business or Commercial Purpose(s) for which Information is Collected

We may use this type of information to:

To enable you to use the Site or other services we offer. To tailor the content and advertising we display to you or others, on the Site or elsewhere, and to analyze trends and statistics. To create advertising models through lookalike modelling or other research methodologies. For internal business purposes, such as improving the Site, products, and services and to comply with legal requirements and our business practices, such as our recordkeeping, backup, and document retention policies. To operate and protect the Site from errors, misuse of the Site, fraud, any criminal activity, and other illegal activities or activities that violate our terms and policies, detect and troubleshoot problems, resolve disputes, and enforce applicable agreements and policies. For other reasons that we disclose when you provide your information or otherwise with your consent. Categories of Third Parties to whom this type of Personal Information is Disclosed for a Business Purpose

We may disclose this type of information to:

Dr. Oetker Hospitality’s parent and affiliated companies, Third party service providers, Third parties who host our online shop or process payments, Law enforcement, government entities, or others if required by law or in connection with court proceedings (such as pursuant to subpoenas or court orders), Third parties as needed to protect and/or defend our legal rights. Third parties who may acquire your information as a result of a merger, acquisition or other ownership transition, Third parties when you agree to or direct that we share your information with them. Categories of Third Parties to Whom this Type of Personal Information is Sold

Inferences drawn from any of the information identified above to create a profile about a consumer

Category of Personal Information Collected

These inferences may relate to your perceived interests, preferences, characteristics, or behavior.

Categories of Sources from which the Information was Collected

We may collect this type of information from:

Consumers, Cookies and tracking technologies, Dr. Oetker Hospitality’s parent and affiliated companies, Third party social media companies, Third party business partners, such as data analytics providers, data brokers, advertising networks, or joint marketing partners. Business or Commercial Purpose(s) for which Information is Collected

We may use this type of information to:

To tailor the content and advertising we display to you or others, on the Site or elsewhere, and to analyze trends and statistics. To create advertising models through lookalike modelling or other research methodologies. For internal business purposes, such as improving the Site, products, and services and to comply with legal requirements and our business practices, such as our recordkeeping, backup, and document retention policies. For other reasons that we disclose when you provide your information or otherwise with your consent. Categories of Third Parties to whom this type of Personal Information is Disclosed for a Business Purpose

We may disclose this type of information to:

Dr. Oetker Hospitality’s parent and affiliated companies, Third party service providers, Third parties whose features are integrated on our sites, Third party advertising and analytics companies, Law enforcement, government entities, or others if required by law or in connection with court proceedings (such as pursuant to subpoenas or court orders), Third parties as needed to protect and/or defend our legal rights, Third parties who may acquire your information as a result of a merger, acquisition or other ownership transition, Third parties when you agree to or direct that we share your information with them. Categories of Third Parties to Whom this Type of Personal Information is Sold

EXERCISING YOUR CALIFORNIA ACCESS, DELETION, AND OPT-OUT RIGHTS

California residents have the right to request: (1) that we disclose to you what Personal Information we collect, use, disclose, and sell, including the right to request that we provide to you the specific pieces of Personal Information we have collected about you in the prior 12 months (“Right to Know”); (2) that we delete the Personal Information we have collected from you (“Right to Delete”); or (3) to opt-out from the sale of Personal Information, all subject to exceptions set forth in the CCPA. More information on each of these rights is below.

Agents

If you are an agent submitting a request on a user’s behalf, please send an email to data-privacy@pudupudu.com with a declaration signed by the individual who is the subject of the request authorizing you to make the request on their behalf. The written permission must state your full legal name, the full legal name of the individual who is the subject of the request, and needs to be clear about the permission granted. Alternatively, you may submit a copy of a power of attorney under Probate Code sections 4000-4465. In either case, please also indicate in your email the nature of your request. The consumer’s identity, in addition to your own, will need to be independently verified in order for us to be able to fulfill your request. We may also ask the consumer to directly confirm with us that they provided you permission to submit a request. Please keep in mind that if we do not receive adequate proof that you are authorized to act on the consumer’s behalf, we may deny the request.

How to Make Request to Know or Request to Delete

If you are a California resident and would like to request information about the Personal Information we have collected about you in the prior 12 months or to request that we delete your information, please contact us at data-privacy@pudupudu.com. You may also call us toll-free at +1 (213) 509 8995.

Verifying Requests

Please provide your first and last name, email address you have used to interact with Dr. Oetker Hospitality, mailing address, and telephone number, which we will use to verify your request. We may ask for additional information as needed to fully verify you or your request.

If we are unable to verify that the individual submitting the request is the same individual about whom we have collected information (or someone authorized by that individual to act on their behalf), we will not be able to process the request.

Other Important Information:

Request to Know

In order to have us provide specific pieces of information, we will require a signed declaration under penalty of perjury that you are the consumer whose Personal Information is the subject of the request.

Request to Delete

To ensure that we do not delete your personal information in response to a fraudulent request, once you submit the request, we will follow up to confirm that you want your information to be deleted.

RIGHT TO OPT-OUT OF THE SALE OF PERSONAL INFORMATION

We do not sell your personal information for monetary compensation, but we may share information with Dr. Oetker Hospitality’s parent and affiliated companies, some of which may be considered a sale under the CCPA. To opt out of having your personal information shared with our parent and affiliated companies for their own marketing purposes, please email: data-privacy@pudupudu.com.

Our online advertising practices (and certain analytics or similar activities) may potentially be considered “sales” under the CCPA in certain circumstances. To opt-out of cookies and other tracking technologies set by Dr. Oetker Hospitality and its third party business partners that are potentially “sales” under the CCPA, please click here: Change cookie settings and toggle off “advertising/marketing” cookies.

The Digital Advertising Alliance (“DAA”) also offers tools for California consumers to send requests under the CCPA to opt out of the sale of personal information by some or all of the participating companies (https://www.privacyrights.info/). Additionally, some third-party advertising and analytics companies are members of the Network Advertising Initiative ("NAI") or the DAA Self-Regulatory Program for Online Behavioral Advertising. You may want to visit http://www.networkadvertising.org/managing/opt_out.asp, which provides information regarding targeted advertising and the "opt-out" procedures of NAI members. You may also want to visit or http://www.aboutads.info/choices/, which provides information regarding targeted advertising and offers an "opt-out" by participating companies in the DAA Self-Regulatory Program. Note that these are cookie-based opt-outs. If you disable your cookies or upgrade your browser after opting out, or if you use different computers or browsers, you will need to indicate your opt-out choices across those other computers and browsers.

You may also be able to limit the access these third-party advertising companies have to information about you when you use our Site by installing a browser or browser extension that can enable you to block the functionality of some tracking technologies.

Please be aware that utilizing these mechanisms does not opt you out of being served advertising. You will continue to receive generic ads while online.

Users Younger than 16

Dr. Oetker Hospitality does not knowingly sell Personal Information of minors younger than 16 years of age.

Right to Non-Discrimination for the Exercise of a Consumer’s Privacy Rights

California consumers have the right to not receive discriminatory treatment for exercising CCPA rights. We will not discriminate against you for exercising your CCPA rights.

Contact for More Information

You can contact us for more information, please email: data-privacy@pudupudu.com.

13.2 YOUR CALIFORNIA PRIVACY RIGHTS

Pursuant to California Civil Code Section 1798.83, residents of the State of California have the right to request from companies conducting business in California certain information relating to third parties to which the company has disclosed certain categories of personal information during the preceding year for the third parties’ direct marketing purposes. Alternatively, the law provides that a company may comply, as Dr. Oetker Hospitality does, by disclosing in its privacy policy that it provides consumers choice (opt-out or opt-in) regarding sharing personal information with unaffiliated third parties for those third parties’ direct marketing purposes, and information on how to exercise that choice. As stated above in this Privacy Policy, Dr. Oetker Hospitality does not share personal information with unaffiliated third parties for their direct marketing purposes (as defined by California Civil Code Section 1798.83) unless we give you choice (to opt in or opt-out) before sharing with those third parties.

If you are a California resident and you have questions about our practices with respect to sharing information with third parties for their direct marketing purposes and your ability to exercise choice, please email us at data-privacy@pudupudu.com or write to us at: Dr. Oetker Hospitality USA LLC, 1432 Abbot Kinney Blvd, Los Angeles, CA 90291, USA. You must put the statement “Your California Privacy Rights” in the subject field of your email. You must include your name, street address, city, state, and ZIP code. We are not responsible for notices that are not labeled or sent properly, or do not have complete information.

14. NOTICE TO NEVADA RESIDENTS Dr. Oetker Hospitality does not currently sell your covered information as those terms are defined under applicable Nevada law. However, you may submit an opt-out request and we will honor that request as required by Nevada law if Dr. Oetker Hospitality engages in such a sale in the future. If you are a Nevada resident and would like to opt-out of the sale of your covered information, please submit your request to data-privacy@pudupudu.com. Your request must include your full name, street address, city, state, and zip code. Please contact us from the email address you have used to interact with us, or else provide us with that email address in your Nevada Opt-Out request email. We may contact you via such email address as needed regarding this request. You may also be required to take reasonable steps as we determine from time to time in order to verify your identity and/or the authenticity of the request. We will respond to your request within sixty (60) days either confirming that your request has been processed or indicating that we need an additional thirty (30) days to complete the request.

These Terms govern the relationship between you and Dr. Oetker Hospitality USA LLC (“Dr. Oetker Hospitality”) when you visit or interact with www.pudupudu.com or any of its features or online services (“Site”). Please also review our Privacy Policy that applies to your use of the Site.

PLEASE READ THESE TERMS CAREFULLY AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. By using the Site, you agree that you have read, accept, and agree to these Terms, including those additional terms and policies referenced herein and/or available by hyperlink. Do not use the Site if you do not agree.

ARBITRATION NOTICE: If you are a U.S. resident, note that the “ARBITRATION AGREEMENT” section below contains provisions that require, with limited exceptions, all disputes arising out of or relating to your use of the Site to be resolved in binding arbitration, and not in court, and that you and Dr. Oetker Hospitality USA LLC waive the right to bring or participate in a class action in connection with such disputes. Please read the ARBITRATION AGREEMENT carefully. By using the Site or accepting these Terms, you hereby agree to be bound by the ARBITRATION AGREEMENT if you are a U.S. resident.

We may offer a feature that has its own terms and conditions in addition to these Terms (“Additional Terms”). If there is a conflict between these Terms and the Additional Terms, the Additional Terms will apply (unless the Additional Terms state that they do not apply).

TABLE OF CONTENTS Your Account Closing or Suspending an Account Authorized Use of the Site and Site Content Linking Policy Prohibited Use of the Site and Site Content Third-Party Site and Content Unsolicited Ideas Accuracy, Completeness, and Timeliness of Information Sweepstakes, Contests, and Promotions E-Commerce Disclaimer of Warranties; Waiver Limitation of Liability; Waiver Indemnity Location of the Site and Territorial Restrictions Arbitration Agreement/Governing Law/Class Action Waiver/Dispute Resolution Miscellaneous Termination Permissions Changes to Terms of Use Contact information

1. YOUR ACCOUNT You may browse parts of the Site without creating an account. However, to access certain features, you may be required to create an account that may require you to create a username and password and provide other information. Keep your username and password confidential. If you register with us, you agree you will not sell or otherwise transfer your membership or any membership rights. You are responsible for your account activity and the accuracy of the information you provide. You must notify us immediately if you suspect any unauthorized activity. You acknowledge that Dr. Oetker Hospitality, in its sole discretion, cease to operate the Site or features within the Site. Dr. Oetker Hospitality reserves the right to terminate your account or otherwise deny you access in its sole discretion without notice. We shall not be liable to you or to any third-party for any suspension or discontinuance of the Site or your account.

You agree that you will be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed to access and use the Site. You also agree to comply with all rules, laws and regulations that are applicable to your use of the Site, including, without limitation, those governing your transmission or use of any software or data.

2. CLOSING OR SUSPENDING AN ACCOUNT You may close your account by contacting us at mailto:weare@pudupudu.com stating that you wish to close your account. However, we may close or suspend your account without notice; if we do, you may no longer have any access to it.

3. AUTHORIZED USE OF THE SITE AND SITE CONTENT You may use the Site and any material included in or otherwise part of the Site (including past, present, and future versions, images and text, the domain name, source and object code, and the elements that make up its “look and feel”) (collectively, “Site Content”) are owned, controlled, or licensed by Dr. Oetker Hospitality, and are protected from unauthorized use, copying, and dissemination by copyright, trademark, patent, and other laws, rules, regulations, and treaties.

The Site Content may not be copied, reproduced, downloaded, or distributed in any way, in whole or in part, except with the express permission of Dr. Oetker Hospitality.

You may visit our Site without further permission from Dr. Oetker Hospitality and Dr. Oetker Hospitality grants you a limited, personal, non-exclusive, non-commercial, revocable, and non-transferable license to view and play the Site Content, including the following types of uses:

Downloading Site Content that is made available for download. Using a link on the Site to share a link or Site Content as permitted by the sharing mechanism. Linking to a Sites using a plain-text link from a site that you own or control. Pasting HTML or other code we provide on the Site (“Widget”) to embed Site Content on your personal web page or social networking site. You acknowledge that these authorized uses do not grant you any ownership or other rights in the Site or any Site Content, including links, sharing, or Widgets.

4. LINKING POLICY While Dr. Oetker Hospitality grants you the revocable permission to link to the Site, any link to the Site: (a) must not frame or create a browser or border environment around any of the content on the Site or otherwise mirror any part of the Site; (b) must not imply that Dr. Oetker Hospitality or the Site are endorsing or sponsoring any third party or its products or services, unless Dr. Oetker Hospitality has given the third party prior written consent; (c) must not present false information about, or disparage, tarnish, or otherwise, in Dr. Oetker Hospitality’s sole opinion, harm Dr. Oetker Hospitality’s or its products or services; (d) must not use any Dr. Oetker Hospitality’s trademarks without the prior written permission from Dr. Oetker Hospitality; (e) must not contain content that could be construed as distasteful, offensive or controversial or otherwise objectionable (in Dr. Oetker Hospitality’s sole opinion); and (f) must be owned and controlled by you or the person or entity placing the link, or otherwise permit you to enable such link subject to these Terms. By linking to the Site, you agree that you do and will continue to comply with the above linking requirements. Notwithstanding anything to the contrary contained in these Terms, Dr. Oetker Hospitality reserves the right to prohibit linking to the Site for any reason in our sole and absolute discretion. We may revoke our authorization at any time.

5. PROHIBITED USE OF THE SITE AND SITE CONTENT In addition to other prohibitions as set forth in the Terms, you may not:

Use the Site or Site Content for any unlawful purpose or to solicit others to perform or participate in any unlawful acts. Use the Site or Site Content for any commercial purpose, such as marketing or advertising. Use the Site or Site Content surrounded by or on the same page as other content that presents false information about, disparages, tarnishes, or otherwise harms us or our products or services or may be construed as offensive, controversial, or otherwise objectionable. Imply that we or the Site are endorsing, sponsoring, or otherwise affiliated with any third-party or its products or services. Frame the Site or Site Content. Take any action that causes the Site or Site Content to stop working properly or that circumvents security of the Site or Site Content. Resell, copy, distribute, transfer, reverse engineer, disassemble, decompile, create derivative works of, or allow third-party access to the Site or any Site Content. Change or remove any author attribution, trademark, legend, or copyright notice or otherwise to infringe upon or violate our intellectual property rights or the intellectual property rights of others. Except as part of standard use of a search engine or browser, download, monitor, mine, copy, or otherwise reproduce, store, or distribute the Site or any Site Content. Violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances.

6. THIRD-PARTY SITE AND CONTENT There may be links or functionality on the Site or in communications from us to third-party websites or online features. The Site may also include third-party content that we do not control, maintain, or endorse.

The Site may also permit interactions between the Site and a third-party website or online feature, including applications that connect the Site or your profile on the Site with a third-party site or feature. For example, the Site may permit you to share a link and Site Content to your social network or by email or to indicate on your social networking page that you “like” a specific product on the Site.

These Terms do not apply to any third-party sites or features, products, or services, including those to which the Site may link that we do not control. To the fullest extent permitted by law, neither Dr. Oetker Hospitality nor its service providers are responsible for the actions of any third-party. You acknowledge and agree that we make no representation or warranties about the completeness or accuracy of any third-party site and you use it at your own risk. If you choose to connect your information on a Site with a third-party site or feature, you consent to sharing that information and understand that your information may be publicly disclosed.

NOTICE TO THIRD PARTY SITES: Any Site Content made available in connection with your web page, social networking site, or otherwise, by our Widgets, third party widgets or otherwise is our exclusive property and no grant of any intellectual property rights is made by us. We retain the right to demand that you cease any use of our Site Content upon notice.

7. UNSOLICITED IDEAS We welcome your feedback and your participation in Site features. However, we do not review any unsolicited ideas, inventions, suggestions, or materials to avoid misunderstandings if we (or someone we are working with) develop something that seems similar to what you submitted. By submitting any unsolicited idea, invention, suggestion, or other materials (through the Site, by email, or regular mail, or any manner), including User Content, you agree—regardless of what you might say as part of the submission—that: (a) it is not confidential or proprietary to you, (b) we have no obligation to acknowledge receipt or return it to you, and (c) we are free to use, distribute, or disclose it without any compensation to you or any third-party.

8. ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION We are not responsible if information made available on the Site is not accurate, complete or current. The material on the Site is provided for general informational purposes only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information.

We reserve the right to modify the contents of the Site at any time, but we have no obligation to update any information on the Site. You agree that it is your responsibility to monitor changes to the Site. We shall not be liable to you or to any third-party for any such modification.

9. SWEEPSTAKES, CONTESTS, AND PROMOTIONS The Site may contain or offer sweepstakes or other promotions, which may be governed by a separate set of rules that describe the sweepstakes or promotion and may have eligibility requirements, such as certain age or geographic area restrictions. It is your responsibility to read those rules to determine whether or not your participation, registration or entry will be valid and to determine the sponsor's requirements of you in connection with the applicable sweepstakes or promotion.

10. E-COMMERCE The Site may offer products or services for sale and your transaction may be subject to additional sales terms and policies. You agree to pay all applicable fees and any applicable taxes. Dr. Oetker Hospitality may charge and withhold the applicable sales tax for orders. Otherwise, you are solely responsible for all sales taxes, or other taxes, on orders shipped to you.

Sometimes you may be able to purchase products through a payment provider with whom you have a direct relationship. In such cases, your billing relationship will be with the third-party vendor and additional terms and conditions imposed by the vendor may apply. These Terms will continue to apply to your access to and use of the purchased product or service, except where these Terms conflict with terms imposed by the third-party vendor.

In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error received from its suppliers, Dr. Oetker Hospitality shall have the right, to the fullest extent permitted under applicable law, to refuse or cancel any orders placed for the product listed at the incorrect price. Dr. Oetker Hospitality shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purpose and your order is properly canceled, Dr. Oetker Hospitality will issue a credit to your credit card account in the amount of the charge.

Your receipt of an electronic or other form of order confirmation does not signify Dr. Oetker Hospitality’s acceptance of your order, nor does it constitute Dr. Oetker Hospitality’s offer to sell. Dr. Oetker Hospitality reserves the right after receipt of your order to accept or decline your order for any reason. Dr. Oetker Hospitality reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. Dr. Oetker Hospitality may require additional verifications or information before accepting any order.

11. DISCLAIMER OF WARRANTIES; WAIVER To the fullest extent permitted by applicable law, the Site and materials on these Site, and any products sold through the Site, are provided “as is”, “as available” and “with all faults.” To the fullest extent permitted by applicable law, Dr. Oetker Hospitality, and its parent companies, affiliated entities, vendors, service providers, licensors, and suppliers, and the directors, officers, employees, affiliates, agents, contractors, interns, and other representatives of each of them (collectively, “Dr. Oetker Parties”):

Disclaim all representations, warranties, endorsements, or conditions of any kind whatsoever, express or implied in connection with the Site and Site Content; User Content, and/or security associated with the transmission of information to Dr. Oetker Hospitality or via the Site, including (but not limited to) any implied warranty of merchantability, merchantable quality, fitness for a particular purpose, durability, title, custom, trade, quiet enjoyment, non-infringement, system integration, and freedom from computer virus. Do not represent or warrant that the Site (or Site Content) will be uninterrupted, timely, secure, or error-free or that the Site or its server is free of viruses or other harmful components; that defects will be corrected; or that the Site or the server that makes the Site available is free from harmful components, including, without limitation, viruses. You agree that from time to time we may disable the Site for indefinite periods of time or shut down the Site at any time, without notice to you Do not represent or warrant that the information (including any instructions) on the Sites is accurate, complete, or reliable. By accessing or using the Site you represent and warrant that your activities are lawful in every jurisdiction where you access or use the Site.

Unless required by law, and only to the extent required by law, we are not a party to, and do not monitor, any transaction between users and third-party providers of products or services. The Dr. Oetker Parties do not endorse User Content and are not responsible for User Content.

12. LIMITATION OF LIABILITY; WAIVER To the maximum extent permitted by applicable law, you agree that under no circumstances shall the Dr. Oetker Parties be liable to you or anyone else for any injury, loss, claim, or any direct, indirect, incidental, punitive, special or consequential damages of any kind, including without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based on contract, tort (including negligence), strict liability or otherwise, that result from: (a) the Site or Site Content; (b) User Content; (c) the use of, or the inability to use, the Site or Site Content; (d) action taken in connection with an investigation by the Dr. Oetker Parties or law enforcement authorities regarding your use of the Site; (e) action taken in connection with copyright or other intellectual property owners; (f) any errors or omissions in the Site’s technical operation; (g) any damage that results from events beyond our reasonable control, such as damages to any user’s computer, mobile device, or other equipment or technology including, without limitation, damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction, including, without limitation, damages for lost profits, loss of good will, loss of data, work stoppage, accuracy of results, or computer failure or malfunction, even if foreseeable or even if the Dr. Oetker Parties have been advised of or should have known of the possibility of such damages. In no event will the total liability to you by the Dr. Oetker Parties for any claims, damages, losses, and causes of action exceed the amount you paid us, if any, for accessing the applicable Site or, if you did not pay us, $10.00 USD. This limitation on damages is not intended to limit any obligation to pay prevailing party costs or fees as required by law or to limit or exclude liability for personal injury or property damage caused by the Dr. Oetker Parties, or for the gross negligence, fraud, or intentional, willful, malicious, or reckless misconduct by the Dr. Oetker Parties.

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

By accessing the Site, you understand that you may be waiving rights with respect to claims that are at this time unknown or unsuspected, and in accordance with such waiver, you acknowledge that you have read and understand, and expressly waive, the benefits of section 1542 of the Civil Code of California, and any similar law of any state or territory which provides as follows: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

13. INDEMNITY To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Dr. Oetker Parties from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, settlements, and expenses, including (but not limited to) reasonable attorney’s fees, made by any third party, due to or, directly or indirectly, arising out of or directly or indirectly related to: (a) your breach of any of these Terms or Additional Terms or anticipatory breach; (b) your content and materials, including (but not limited to) submissions and User Content; (c) your use of the Site, Site Content, or Site features as permitted by us; (d) your violation of laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities, including, without limitation, all administrative and legislative authorities or any agreement you have with a third-party; (e) information or material transmitted through your computer, even if not submitted by you, that infringes, violates or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy or other rights of any person; (f) any misrepresentation made by you; or (g) the Dr. Oetker Parties’ use of your information as permitted under these Terms, the Privacy Policy, or any other written agreement between you and Dr. Oetker Hospitality. The Dr. Oetker Parties reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of a duly authorized employee of the Dr. Oetker Parties.

14. LOCATION OF THE SITE AND TERRITORIAL RESTRICTIONS Dr. Oetker Hospitality controls and operates the Site from offices located in the United States. The information and content provided through the Site are not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Dr. Oetker Hospitality to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of the Site or any portion of the Site, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that we provide.

Software related to or made available by the Site may be subject to United States export controls. Thus, no software from the Site may be downloaded, exported or re-exported: (a) into (or to a national or resident of) Cuba, North Korea, Iran, Syria or any other country to which the United States has embargoed goods or that has been designated by the U.S. government as “terrorist supporting”; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading any software related to this Site, you represent and warrant that you are not located in, under the control of, or a national or resident of, any such country or on any such list.

15. ARBITRATION AGREEMENT / GOVERNING LAW / CLASS ACTION WAIVER / DISPUTE RESOLUTION If you are a resident of the United States, then, as part of these Terms of Use, you and Dr. Oetker Hospitality each agree as follows (the “Arbitration Agreement”)

Any claim or controversy arising out of or relating to your use of the Site (including without limitation the arbitrability of any claim or controversy) shall be resolved by binding arbitration in accordance with the Federal Arbitration Act. The parties waive their rights to file suit in court to assert any allegation, claim, or cause of action against the other, or to have a jury trial on any allegation, claim, or cause of action, and any right to do so (including without limitation the right to a jury trial) is hereby waived. Notwithstanding the foregoing, you and Dr. Oetker Hospitality retain the right to seek remedies in small claims court for disputes or claims within that court’s jurisdiction, and Dr. Oetker Hospitality retains the right to apply to a court of competent jurisdiction for provisional or conservatory relief, including without limitation pre-arbitral attachments or injunctions, and to adjudicate disputes relating to the infringement or misappropriation of intellectual property.

Any claim or controversy arising out of or relating to your use of the Site or this Arbitration Agreement shall be governed by the procedural and substantive laws of the State of Delaware, without reference to choice-of-law rules. The arbitration will be administered by JAMS pursuant to its Streamlined Arbitration Rules & Procedures then in effect. The arbitration shall be presided over by a single arbitrator in Delaware. In the event this venue will cause undue hardship to you, then, the discretion of the arbitrator, the arbitration will be conducted solely on the basis of documents submitted, with the parties participating through telephonic or video conference hearings, or at a location reasonably convenient to the parties in the state in which you reside at the time the arbitration is commenced, provided that it is within the Continental U.S. To the extent that any of the foregoing provisions are inconsistent with JAMS applicable standards then in effect, such JAMS rules shall apply.

Claims subject to this Arbitration Agreement may not be arbitrated on a class or representative basis and you will not be able to participate in an arbitration as a representative or member of any class of claimants pertaining to that claim.

All aspects of the arbitration and award shall be confidential, except to the extent disclosure is necessary in connection with an application to a court for a preliminary or permanent injunction, a petition to confirm or vacate an award, to obtain legal or other professional advice necessary for the protection of a party’s rights, or as required by law or judicial decision.

Subject to you demonstrating that the costs of arbitration will be prohibitive as compared to the costs of litigation, Dr. Oetker Hospitality will pay as much of the fees charged to you by JAMS as the arbitrator deems necessary to prevent the arbitration from being cost prohibitive to you.

The arbitrator will not have authority to award punitive or exemplary damages, and the parties waive any right to recover such damages. As part of the award, the prevailing party shall be awarded its costs, including without limitation arbitration fees, expert witness fees, if any, and reasonable attorney’s fees.

If any portion of this Arbitration Agreement is found to be invalid, illegal or unenforceable, for any reason, that specific portion shall be severed from the rest, but such severance shall not affect the enforceability of the remainder of this agreement. No waiver of any provision of this Arbitration Agreement will be effective or enforceable unless recorded in a writing signed by the party waiving the provision, and any such waiver shall not waive or affect any other provision of this agreement.

The foregoing provisions limit certain rights, including without limitation, the right to maintain a court action, the right to a jury trial, the right to participate in any form of class or representative claim, the right to engage in discovery except as provided in the JAMS rules and these dispute resolution terms, and the right to certain remedies and forms of relief; provided that nothing herein will restrain a California resident’s right, if any, to seek public injunctive relief as permitted by law. Other rights that you would have in court also may not be available in arbitration.

16. MISCELLANEOUS If any of the provisions of these Terms are found unlawful, void, or unenforceable by an arbitrator or court of competent jurisdiction, then that provision will be considered severable from these Terms and will not affect the validity and enforceability of the other provisions. These Terms and any policies or operating rules posted by us on the Site or in respect to the Site constitutes the entire agreement and understanding between you and us and govern your use of the Site, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms). If Dr. Oetker Hospitality does not act after you or others breach these Terms, it does not waive Dr. Oetker Hospitality’s right to act in the future with respect to such breach or any subsequent breaches. No waiver by Dr. Oetker Hospitality of any of these Terms will be of any force or effect unless made in writing and signed by a duly authorized officer of Dr. Oetker Hospitality. Neither the course of conduct between the parties nor trade practice will act to modify these Terms. Dr. Oetker Hospitality may assign its rights and duties under these Terms to any party at any time without any notice to you. Terms may not be assigned by you without Dr. Oetker Hospitality’s prior written consent. You agree that these Terms will not be construed against Dr. Oetker Hospitality because Dr. Oetker Hospitality has drafted them. If a court or other decision-maker should determine that any provisions of these Terms is overbroad, unfair or unreasonable, such provision shall be given effect to the maximum extent possible by narrowing or enforcing in part that aspect of the provision found overbroad or unreasonable. The Section titles are inserted only as a matter of convenience and have no legal or contractual effect. Provisions of these Terms that would logically survive termination will survive the termination of these Terms, including (but not limited to) Disclaimer of Warranties, Limitation of Liability, Arbitration Agreement/Governing Law/Class Action Waiver/Dispute Resolution).

17. TERMINATION The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we may terminate this agreement at any time without notice and you will remain liable for all amounts, if any, due up to and including the date of termination; and/or accordingly may deny you access to our Site (or any part thereof). We also reserve the right to investigate suspected violations of these Terms, including, without limitation, any violation arising out of any emails you send to the Site or us. Any violation of these Terms may be referred to law enforcement authorities.

18. PERMISSIONS If an activity is not expressly authorized by these Terms, then you do not have permission to do it. To request permission to access or use the Site or Site Content in a way that is not expressly authorized, for example, to link to the Site with a link that is not a plain-text link or use Site Content on your website, send an email to weare@pudupudu.com[Link]. You understand that we may not grant you permission.

19. CHANGES TO TERMS OF USE To the maximum extent allowed by applicable law, you agree that we may update, change, or replace these Terms at any time (“Updated Terms”) by posting the Updated Terms on the Site so that they are accessible via a link on the home page or otherwise and that if you use any of the Site (or do some other act that we reasonably specify) after we have posted the Updated Terms, you agree to them. The Updated Terms will take effect when posted unless a later date is specified and will apply to your use of the Site from that point forward. Therefore, you should periodically review these Terms before using the Site.

20. CONTACT INFORMATION If you have any questions about our Terms of Use, please contact us at weare@pudupudu.com.