Cloudbase Ventures, Inc. dba Foodja/The Office Express and Foodja ("Company") is committed to providing an environment free of sexual and other forms of harassment. Accordingly, those utilizing the online-enabled application or platform are prohibited from engaging in sexual or other harassment, and this prohibition applies to both delivery professionals and any third party using the platform, including delivery recipients/customers. In addition, this policy applies to Company employees and any other person who a delivery professional may encounter while using the platform. In many instances, committing acts of sexual or other harassment is also a violation of law.
If a driver experiences harassment from a customer, another driver, or a third party (including but not limited to Company employees and employees of restaurant partners) while engaged on the app or relating to the performance of services arranged through the platform, the procedures in this policy should be followed. Similarly, if a customer experiences harassment by a driver that relates to a transaction or service arranged through the platform, the procedures in this policy should be followed.
Sexual Harassment Defined
Sexual harassment includes unwanted sexual advances, requests for sexual favors or visual, verbal, or physical conduct of a sexual nature. Sexual harassment also includes various forms of offensive behavior based on sex and includes gender-based harassment of a person of the same sex as the harasser. The following is a partial list of behavior that may constitute sexual harassment:
Unwanted sexual advances and making or threatening reprisals after a negative response to sexual advances.
Visual conduct like leering; making sexual gestures; displaying sexually suggestive objects, pictures, cartoons, posters, or messages.
Verbal conduct like making or using derogatory comments, epithets, slurs, sexually explicit jokes, or comments about an individual's body or dress; verbal abuse of a sexual nature; graphic comments; using sexually degrading words; and suggestive or obscene messages or invitations.
Physical conduct such as touching, assault, impeding or blocking movements.
Such conduct may be sexual harassment even if the alleged harassing conduct was not motivated by sexual desire.
Protection Against Retaliation
The Company prohibits retaliation for making a good-faith complaint of prohibited harassment, using the Company's complaint procedure, or participating in any manner in any investigation relating to a complaint of prohibited harassment. Prohibited retaliation includes, but is not limited to, contract termination, and or refusing service.
Anyone who believes they have been harassed or subjected to retaliation in violation of these policies, or who is aware of such behavior against others, should immediately submit a complaint through the website /contactus/. If a driver or customer is unable to submit complaint electronically, you may send a written complaint to 3198-C Airport Loop Dr. Costa Mesa, CA 92626 attention Human Resources, making sure to include your full name, phone number, and email address associated with your account.
When a report is received, the Company will conduct a fair, timely, thorough, and impartial investigation that provides all parties appropriate due process and reaches reasonable conclusions based on the information collected. The Company will maintain confidentiality surrounding the investigation to the extent possible and to the extent permitted under applicable law.
The Company expects all drivers and customers, as well as all Company employees to the extent relevant, to fully cooperate with any investigation conducted by the Company into a complaint of prohibited sexual harassment or retaliation. Failure to cooperate by a driver or customer may result in termination of access to the app, and failure to cooperate by an employee may result in termination of employment.
Upon completion of the investigation, the Company will communicate its conclusion as soon as practical. If the Company determines that this policy has been violated, remedial action will be taken, commensurate with the severity of the offense, up to and including termination of access to the app. Where applicable and appropriate under the circumstances, action will also be taken to deter any such conduct in the future.