Legal
Privacy Policy
Last updated: October 2026
1. Introduction
Vitality LLC, a Tennessee limited liability company doing business as E+ROSE ("E+ROSE," "we," "us," or "our"), headquartered in Nashville, Tennessee, is committed to protecting your privacy. This Privacy Policy describes how we collect, use, disclose, and safeguard your personal information when you visit our website at eandrosewellness.com, use our mobile application, place orders through our online ordering platform, or visit any of our cafe locations in Tennessee and Georgia.
Please read this policy carefully. By accessing or using our services, you acknowledge that you have read, understood, and agree to the practices described in this Privacy Policy. If you do not agree, please do not use our services.
2. Information We Collect
Information you provide directly:
- Identifiers such as your name, email address, phone number, and mailing address when you create an account, contact us, or sign up for communications
- Order and transaction information, including items ordered, order history, and payment method details (note: full payment card data is processed and stored by our third-party payment processor, Toast, and is not stored on our servers)
- Loyalty and rewards program information, including points balances and redemption history
- Communications and correspondence, including customer service inquiries and feedback submitted through our contact form
- Catering and wholesale inquiry information when you submit a business inquiry
Information collected automatically:
- Device and usage information, including IP address, browser type and version, operating system, referring URLs, and pages visited on our website
- Cookie and tracking data as described in Section 7 below
- Approximate location data derived from IP address for analytics purposes
- Precise location data from our mobile application only if you grant permission through your device settings
Information from third parties: We may receive information from Toast (our ordering platform), social media platforms if you connect those accounts, and analytics providers such as Google Analytics.
3. How We Use Your Information
We use the information we collect for the following purposes, each of which constitutes a legitimate basis for processing:
- Order fulfillment: To process, confirm, and fulfill your orders, process payments, and send receipts and order status updates
- Customer service: To respond to your inquiries, resolve complaints, and provide support
- Loyalty program: To administer our rewards program, track points, and process redemptions
- Marketing communications: To send you promotional emails, offers, and updates about E+ROSE products and services, subject to your opt-in or opt-out preferences
- Service improvement: To analyze usage patterns, improve our website and mobile application, and develop new products and services
- Legal compliance: To comply with applicable laws, regulations, and legal processes, and to enforce our terms of service
- Security and fraud prevention: To detect, investigate, and prevent fraudulent transactions and other illegal activities
4. Sharing and Disclosure of Your Information
We do not sell your personal information. We may share your information in the following circumstances:
- Service providers: We share information with trusted third-party vendors who perform services on our behalf, including Toast (online ordering and payments), email marketing platforms, app hosting and cloud storage providers, and website analytics providers. These parties are contractually obligated to use your information only as directed by us and to maintain appropriate security measures.
- Business transfers: If E+ROSE is involved in a merger, acquisition, financing, or sale of all or a portion of our assets, your information may be transferred as part of that transaction. We will notify you via email or prominent notice on our website of any change in ownership or use of your personal information.
- Legal requirements: We may disclose your information if required to do so by law, court order, or governmental authority, or when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, or investigate fraud.
- With your consent: We may share your information for any other purpose with your explicit consent.
5. Data Retention
We retain your personal information for as long as necessary to fulfill the purposes for which it was collected, including for the purposes of satisfying any legal, accounting, or reporting requirements. Order records are generally retained for a minimum of seven (7) years in accordance with applicable tax and business record requirements. You may request deletion of your personal information at any time, subject to our legal retention obligations, by contacting us at info@eandrose.com.
6. Your Rights and Choices
Depending on your location, you may have the following rights regarding your personal information:
- Access: You may request a copy of the personal information we hold about you.
- Correction: You may request that we correct inaccurate or incomplete information.
- Deletion: You may request that we delete your personal information, subject to certain exceptions required by law.
- Opt-out of marketing: You may opt out of receiving promotional communications from us at any time by clicking the "unsubscribe" link in any marketing email or by contacting us at info@eandrose.com. Note that you may still receive transactional emails related to your orders.
- California residents: If you are a California resident, you may have additional rights under the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA), including the right to know, the right to delete, and the right to opt out of the sale or sharing of personal information. To exercise these rights, please contact us at info@eandrose.com.
- Georgia residents: Georgia residents may have rights under applicable state law. Please contact us for more information.
To exercise any of these rights, please contact us at info@eandrose.com. We will respond to verifiable requests within 45 days, or as otherwise required by applicable law.
7. Cookies and Tracking Technologies
Our website uses cookies, web beacons, and similar tracking technologies to enhance your browsing experience, analyze website traffic, and serve relevant content. We use:
- Essential cookies: Required for the website to function properly. These cannot be disabled.
- Analytics cookies: Used to understand how visitors interact with our website (e.g., Google Analytics). The data collected is aggregated and anonymized.
- Marketing cookies: Used to deliver relevant advertisements and track campaign effectiveness.
You can control or disable non-essential cookies through your browser settings. Please note that disabling certain cookies may affect the functionality of our website. You may also opt out of Google Analytics tracking by visiting tools.google.com/dlpage/gaoptout.
8. Security
We implement commercially reasonable administrative, technical, and physical safeguards to protect your personal information against unauthorized access, alteration, disclosure, or destruction. However, no method of transmission over the Internet or electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your information, we cannot guarantee its absolute security.
9. Children's Privacy
Our website and services are not directed to individuals under the age of 13, and we do not knowingly collect personal information from children under 13. If you are a parent or guardian and believe we have inadvertently collected information from your child, please contact us immediately at info@eandrose.com and we will take steps to delete such information promptly.
10. Third-Party Links
Our website may contain links to third-party websites, including our ordering platform (Toast) and social media profiles. This Privacy Policy does not apply to those third-party sites. We encourage you to review the privacy policies of any third-party services you use.
11. Changes to This Policy
We may update this Privacy Policy from time to time to reflect changes in our practices or applicable law. We will notify you of material changes by posting the updated policy on our website with a revised "Last updated" date, and where required by law, by sending you an email notification. Your continued use of our services after any changes constitutes your acceptance of the updated policy.
12. Contact Us
If you have questions, concerns, or requests regarding this Privacy Policy or our privacy practices, please contact us:
Vitality LLC (doing business as E+ROSE)
Email: info@eandrose.com
Nashville, Tennessee
Or use our contact form.
13. Online Ordering, Loyalty & Rewards (Powered by Open)
We are moving our online ordering, loyalty, and rewards programs from Toast to Acelerate, Inc., which operates under the Open brand. Until that switch is complete, online orders continue to be processed by Toast as described above. When you order online or take part in our loyalty and rewards programs through an Open-powered website or app, Acelerate’s privacy policy below applies to the information collected through that experience, in addition to this Privacy Policy.
Acelerate, Inc. (Open) Privacy Policy
November 11, 2025
Contact Information
Acelerate, Inc.
8605 Santa Monica Blvd Unit 17879
West Hollywood, California 90069
Email: legal@getopen.com
1. Introduction
Acelerate, Inc. (operating under the Open brand) (“Acelerate,” “we,” “us,” or “our”) has partnered with E+ROSE (“Merchant,” “restaurant,” or “partner”) to power online ordering, loyalty, and rewards programs.
We are committed to protecting the privacy of users (“you” or “your”) who interact with this website or app. This Privacy Policy explains how your information is collected, used, and shared through this Merchant’s Open-powered experience.
2. Information We Collect
We collect information you provide directly, such as:
- Your name and phone number (required for placing orders)
- Email address, physical address, and device location (optional but may be used to complete orders or personalize your experience)
Device location is collected ephemerally to help identify your nearest restaurant location and delivery zone.
3. How We Use Your Information
We use your information to:
- Process and fulfill food orders placed with the Merchant
- Support loyalty and cash-back rewards programs
- Send transactional updates (order confirmations, receipts, pickup notifications)
- Provide customer service and personalize your experience
- Conduct analytics and marketing to improve performance
No mobile information will be shared with third parties or affiliates for marketing or promotional purposes.
All categories above exclude text messaging originator opt-in data and consent; this information is not shared with any third party.
4. Sharing and Disclosure
We share your information only as necessary to provide the Services, including:
- With third-party service providers that support payment processing, SMS messaging, and delivery fulfillment
- With the Merchant for order processing and loyalty administration
- When required by law, subpoena, or to comply with legal obligations
- In connection with a merger, acquisition, or sale of Acelerate’s business
5. Data Security
We maintain industry-standard safeguards—including encryption, secure storage, and access controls—to protect your information.
If a data breach occurs that may affect your information, we will notify affected users and relevant authorities within 72 hours, where required by law.
6. Your Rights
Depending on your location, you may have the right to access, correct, or delete your personal data, or object to certain processing.
To exercise these rights, email support@getopen.com or manage your preferences through your Open account or this website’s settings.
7. Cookies and Tracking
We use cookies and similar technologies to enhance your experience. Types of cookies include:
- Essential cookies (required for basic functionality)
- Analytics cookies (for usage metrics)
- Marketing cookies (for personalized offers)
You can manage or reject non-essential cookies via the consent banner or browser settings.
8. Changes to This Policy
We may update this Privacy Policy periodically.
Material updates will be communicated through this website or by email. Your continued use of the Merchant’s Open-powered site after an update constitutes acceptance of the revised Policy.
9. Compliance
Acelerate, Inc. complies with the California Consumer Privacy Act (CCPA), General Data Protection Regulation (GDPR), and other applicable laws.
This Policy reflects our commitment to protecting your privacy and managing data responsibly.
Contact
For questions about this Privacy Policy or to exercise your data rights:
Acelerate, Inc.
Email: legal@getopen.com