This Upserve, Inc. Privacy Notice (“Notice”) applies to the information and data collected by Upserve, Inc. (“Upserve,” “we,” “us” and/or “our”) and describes how we collect, receive, use, store, share, transfer, and process personal information, and Data Subjects’ choices and rights pertaining to personal information. More specifically, this Notice pertains to the following classes of individuals and businesses (each a “Data Subject”):

  • “Customers,which are businesses that are prospective or actual customers of the products and services developed and/or marketed by Upserve from time-to-time, including, without limitation, Upserve Point of Sale, Upserve Payments, Upserve HQ and their ancillary modules (collectively, the “Services”), and including applicable Customer employees, contractors and agents who interact with the Services on behalf of the Company;
  • “Diners,which are individuals interacting with the Services through visits to a Customer’s place of business or through other means, including, without limitation, through a Customer’s Upserve Online Ordering instance; and
  • “Visitors, which are individuals visiting Upserve’s website.

Please note that, with certain limited exceptions (e.g. a Diner’s creation of an Upserve Online Ordering account), Upserve processes Diners’ and Customer employees’ personal information and data under the direction of Customers, and does not maintain direct control or ownership of such personal information or data. Customers are responsible for complying with applicable laws and regulations in connection with their use of the Services, including, without limitation, those requiring notice, disclosure and/or consent in connection with the collection, transfer and processing of personal information. Accordingly, Customers generally control, and are responsible for correcting, deleting or updating, personal information collected on their Diners and employees via the Services. Likewise, Upserve is not responsible for the privacy practices and policies of third-party websites or services that are not operated or controlled by Upserve, regardless of whether or not they are linked from Upserve’s website or the Services or otherwise interoperational with the Services. Accordingly, you are responsible for reviewing the privacy policies of such third-parties.

We may periodically update this Notice, and when we do so, we will post the updated Notice to our website and update the Notice’s effective Date. Your continued use of our Services and/or website following the posting of changes constitutes your acceptance of such changes.

  1. INFORMATION COLLECTED OR OTHERWISE RECEIVED.

Upserve collects or otherwise receives personal information of various Data Subjects, and the personal information collected or otherwise received is contingent upon the nature of your interaction with Upserve, as more particularly described below. Subject to certain limitations, personal information is retained for as long as is reasonably necessary to provide the Services or comply with applicable law. This means that even after you cease interactions with Upserve, we may retain copies of personal information (including, without limitation, transactional information and use of the Services) for a period of time consistent with applicable law, statute of limitations or as Upserve believes is otherwise reasonably necessary to comply with applicable law, legal process or government request, to detect or prevent fraud, to collect fees, to resolve disputes, to enforce our agreements or take other actions consistent with applicable law.

    1. Personal Information Collected in Connection with Interactions with Upserve and the Services.

Upserve will collect certain personal information from Data Subjects in connection with their initial application and agreement for use of the Services, and including any updates during the course of the parties’ business relationship, as well as through continued use of the Services. Such information includes, as applicable, your name, telephone number, home address, business address, email address, date of birth, identification number (e.g. Social Security number, drivers’ license number and/or passport number), bank account information, payment information, tax identification number, job title, employment-related information, Services log-in information, correspondence to and from Upserve and telephone recordings. The personal information collected from a Customer in connection with their initial application and agreement for use of the Services, and any updates during the course of the parties’ business relationship, may include personal information about the individual(s) executing the application and agreement, beneficial owners of the Customer entity, and employees of Customer. Upserve may further collect personal information from third-party sources in connection with a Customer’s initial application and agreement for use of the Services and any updates during the course of the parties’ business relationship as more particularly described below.

    1. Personal Information Collected or Otherwise Received Through Diners’ Use of the Services.

As mentioned above, with certain limited exceptions, Upserve processes Diners’ personal information and data under the direction of Customers, and does not maintain direct control or ownership of such personal information or data. Notwithstanding, Upserve collects or otherwise receives Diners’ personal information when Diners interact with the Services, including, without limitation, when a Diner consummates a credit card transaction at a Customer location via the Services (whether on-premise via Upserve Point of Sale or remotely via Upserve Online Ordering). Depending upon the nature of a Diner’s interaction with the Services, personal information collected or otherwise received includes, as applicable, your name, telephone number, home address, business address, email address, date of birth, payment information, transaction information (including purchased items and visit details), and your Services log-in information.

    1. Personal Information Collected Through Our Website. 

Upserve may collect personal information in the event that a Data Subject visits our website and proactively provides personal information in order to interact with the website (including, for example, in order to request a product demonstration, inquire about an integration partnership, sign up for a webinar or access gated content). Personal information collected in this manner may include your name, telephone number, email address, physical address, employer and job title, as well as any other information requested and provided by you. Additional personal information may be automatically collected when you visit our website, as more particularly described below.

    1. Personal Information Collected Through Third-Party Sources.

Depending upon the manner in which a Data Subject interacts with Upserve, we may collect personal information from various third-party sources. For example:

      • in connection with a Customer’s application to use the Services, Upserve may collect personal information from credit bureaus, data providers, card brands, government records and other third-party sources in order to supplement the information provided by the Customer and meet certain underwriting and legal obligations; and
      • personal information may be collected by way of a referral for use of the Services from a Customer or business partner.
    1. Personal Information Collected Automatically. 

Upserve may collect information when you visit our website or use certain Services through use of cookies and similar technologies, which may include information such as web browser and device characteristics, geolocation data (which may be restricted at the device or browser level), information about how you use and interact with the Services (e.g. log-in information, browser type and language and specific pages and content you view within our website or Services) and online identifiers (e.g. IP address). For further information, please reference the “Cookies and Similar Technologies” section of this Notice.

    1. Personal Information Pertaining to Children. 

Neither the Services nor our website are intended for, or targeted at, children under the age of 16, and we do not knowingly or intentionally collect personal information about children under the age of 16. If you are a parent or guardian and believe your child has provided us with personal information without your consent, please contact us using the information contained in this Notice, and we will take steps to delete their personal information from our systems.

  1. USE OF INFORMATION.

Upserve uses Data Subjects’ personal information for the following purposes, as applicable:

    1. Facilitating, Developing and Supporting the Services.

For example, personal information may be used to perform our credit underwriting, anti-money laundering and other compliance obligations in order to determine whether to approve the application and provide a Customer with the Services; facilitate the implementation and continued use of the Services, our website and our content; improve the Services, our website and our content; develop new Services, websites and content; provide support and administrative services in connection with the Services (e.g. to collect fees or provide support assistance); perform analysis on use and performance of the Services and our website; perform analysis and develop inferences and analytics for Upserve’s use and for use within the Services; meet Upserve’s contractual obligations to Customers with respect to the Services; facilitate payment transactions; authenticating sign-in; performing internal research and analysis on trends and usage; and otherwise providing you with the Services, website and content, as applicable.

    1. Communicating About the Services and Other Matters.

For example, in addition to communication-related purposes described elsewhere in this Notice, personal information may be used to communicate with you via email, telephone, ringless voicemail, SMS or otherwise in order to obtain feedback about the Services or Customers; to advertise Services, content, Customers or Customer offerings to you; to provide information you have requested from us; to provide communications related to your use of the Services, including, without limitation, digital receipts and invoices; to discuss account-related or Service-related matters; and to communicate about other related matters, including, without limitation, contests, promotions, discounts, incentives, surveys and rewards offered by Upserve and/or its partners.

Your rights with respect to communications are described below in more detail.

    1. Compliance and Protection of the Services.

For example, in addition to compliance-related purposes described elsewhere in this Notice, personal information may be used to conduct investigations; comply with applicable laws, regulations, obligations and card organization rules; respond to valid legal process or permissible government inquiries; collect fees; ensure compliance with applicable agreements, including, without limitation, Upserve’s Master Subscription Agreement and Merchant Processing Application and Agreement; fulfill contractual obligations; detect, prevent, investigate and/or report fraud, security-related incidents and other malicious or illegal activities; ensure the security and integrity of our Services and the website; and pursue or defend legal claims.

    1. Other Uses.

Personal information may be used for other reasons we communicate to you from time-to-time.

  1. SHARING OF INFORMATION.

Upserve may share personal information in certain circumstances in order to provide the Services, the website or content, or as otherwise described within this Policy. For example, personal information may be shared:

      • with your consent, for example as described to you at the time you agreed to share the personal information or when you authorize products and services provided by an integration partner or other third party to access your information;
      • with other individuals and businesses with whom you interact in order to provide the Services and facilitate transactions;
      • with Upserve’s service providers (who access and process personal information in order to perform services on behalf of Upserve in furtherance of providing and monitoring the Services, the website, advertising, tracking, analytics and compliance assistance) and integration partners in order to, for example, provide our Services, facilitate transactions and accommodate interoperation of the Services with other products and services at the request of a Customer;
      • at your direction, including, for example, if you request information or an introduction to an integration partner or apply for financing;
      • as necessary to protect the rights (contractual or otherwise) of Upserve or the security of the Services or our website or detect, prevent, investigate and/or report fraud, security-related incidents and other malicious or illegal activities, and pursue or defend legal claims;
      • to comply with applicable law, regulation, legal process or governmental request (e.g. in connection with creditors, tax authorities, law enforcement agencies, levy or lien notices);
      • with our parent, subsidiary and affiliated entities;
      • in connection with an actual or attempted corporate merger, consolidation, or restructuring (including during due diligence and negotiation of the foregoing), of all or substantially all of our stock and/or assets, the financing, acquisition, divestiture or dissolution of all or a portion of our business or any other corporation change; and
      • in an aggregated and/or anonymized manner that does not specifically identify the Data Subject or any individual user of the Services.
  1. COOKIES AND SIMILAR TECHNOLOGIES.

Upserve and its partners may use cookies and/or similar technologies (e.g. web beacons, pixels, tags and JavaScript) to gather information about Data Subjects’ use of the Services, our website and interaction with email communications. The information collected might relate to you, your preferences and/or your device, and is primarily used to make the Services and our website work as you expect and to provide a more personalized experience. You may choose not to allow certain types of cookies, which may impact your experience with the Services and/or our website and the functionality we are able to offer.

Strictly necessary cookies are necessary for our website and certain Services to function and cannot be switched off in our systems. They are usually only set in response to actions made by you which amount to a request for services, such as setting your privacy preferences, logging in or filling in forms. You can set your browser to block or alert you about these cookies, but some parts of the website and the Services may not work as a result. These cookies do not store any personally identifiable information.

Upserve may use, and may allow third-party service providers and other parties to use, cookies and similar technologies within our website and/or Services which collect information for analytics and to personalize your experience with targeted advertisements:

      • Performance cookies allow us to count visits and traffic sources so we can measure and improve the performance of our website and/or the Services. They help us to know which pages are the most and least popular and see how visitors move around the website and/or the Services. All information collected by performance cookies is aggregated and anonymous.
      • Targeting cookies may be set through our site by our advertising partners. They may be used by those service providers to build a profile of your interests and show you relevant advertisements on other websites. They do not store directly personal information, but are based on uniquely identifying your browser and device.

You may opt out of all or some of the performance and targeting cookies by selecting “Manage Cookies” on our website and making the desired elections. Further, your browser may have “Do Not Track” functionality, which is an optional setting allowing a user to identify tracking preferences. At this time, we do not respond to Do Not Track signals or similar mechanisms.

For additional information about cookies and your ability to control their use, please visit https://www.allaboutcookies.org.

  1. DATA SUBJECTS’ ACCESS TO & CONTROL OF PERSONAL INFORMATION.

Depending upon your relationship with Upserve and which Services you use, you may have the ability to manage your personal information collected or otherwise received by Upserve. In order to manage eligible personal information, please log into your account within the Services. To the extent you are not able to manage personal information collected or otherwise received by Upserve via your account within the Services, please contact us via the communication methods provided herein. Notwithstanding the foregoing, there may be situations in which Upserve is unable to accommodate personal information management requests due to technical, legal or contractual limitations or restrictions.

You may receive marketing and promotional communications from Upserve (provided either directly by Upserve or through a third-party service provider or partner). You may opt out of or unsubscribe from such communications by following the prompts provided within the communication, informing the caller that you do not wish to receive any future promotional communications or updating your communications preferences. Please be advised that to the extent you receive marketing and promotional communications from Customers with whom you’ve interacted, service provider or other third-party partners of Upserve, that entity is responsible for the communication and providing you a method to opt out or unsubscribe.

You may receive non-marketing and non-promotional communications from Upserve, which are primarily related to your interaction with and use of the Services. These communications may include transaction-related information (e.g. receipts and order confirmation) and account-specific communications related to your subscription to or use of the Services (e.g. to respond to a Customer support request). These communications are integral to the Services, and you cannot opt out of receiving them.

Notwithstanding the foregoing, you may be entitled to additional rights and protections under applicable state law, as further detailed within this Notice.

  1. STATE-SPECIFIC PRIVACY RIGHTS.
    1. California

    Upserve’s Privacy Notice for California Consumers supplements the information contained within this general Notice and applies solely to California consumers with respect to their personal information in accordance with the California Consumer Privacy Act of 2018 (Cal. Civ. Code §§ 1798.100 to 1798.199) and other California-specific privacy laws.

  1. SECURITY

Upserve takes reasonable measures to protect your information from loss, theft, misuse, unauthorized access, disclosure, alteration and destruction through the use of administrative, technical and physical safeguards. Notwithstanding the foregoing, Upserve cannot guarantee absolute security of the transmission or storage of personal information.

  1. CONTACT

To contact Upserve with respect to the subject matter of this Notice, please send an email to privacy@upserve.com.