PRIVACY POLICY AND COOKIES STATEMENT

If you have accepted our terms of use prior to May 25, 2018 and you are a "data controller" as defined below, then please contact [email protected] to receive Omnivore’s Data Processing Agreement.

Omnivore Technologies, Inc. ("Omnivore," "we," "us," or the "Company" is a reference to Omnivore Technologies, Inc.) was founded on the belief that there had to be a better, simpler way to connect restaurants to technology. With the many Point of Sale (POS) systems in use worldwide and the time and resources technology companies were spending to connect to them, it was a formidable task.

In 2013, we created one easy connection with the Omnivore API. Now, our API is the standard for POS integration everywhere. API stands for "Application Programming Interface", which is a software intermediary that enables two or more applications to communicate with one another. APIs enable organizations to extract and share data in an accessible manner.

In 2017, we introduced the Omnivore Marketplace. With a curated selection of the best solutions, restaurants easily connect and activate technologies to improve their business including online ordering, payment, labor and more.

We continue to grow as our clients have grown - helping them save money and resources by unifying technologies and providing better insight to their operations and customers.

This Privacy Policy and Cookies Statement (the "Policy") describes how Omnivore, located at 13577 Feather Sound Drive, Suite 390, Clearwater, FL USA 33762, collects, uses, shares, and otherwise processes individually identifiable data about visitors to this Site (as defined below) as well as the contact information of our customers, prospects, distributors and resellers, sales representatives, vendors, investors, end users and suppliers ("Personal Data"). The Policy applies to Personal Data that we collect through our public website (the "Site"), as well as offline through contact forms or other communications with Omnivore personnel.

1. Our Site may contain links to other websites, applications and services maintained by third parties. The information practices of such other services, or of social media networks that host our branded social media pages, are governed by third parties’ privacy statements, which we encourage you to review to better understand those third parties’ privacy practices.
2. Omnivore acts as both a "data controller" (defined terms used that are not otherwise defined in the Policy are defined terms used in the EU General Data Protection Regulation ("GDPR")) and a "data processor." For more information on the GDPR, please go to https://gdpr-info.eu/

3. INFORMATION WE COLLECT

   As a business to business ("B2B") organization, we collect name, contact details, and other Personal Data related to our commercial relationships. The information we collect is only used by Omnivore for the legitimate business purpose of providing services requested by you.

   1. Information You Give to Us.

      1. Information that is necessary to use Omnivore API and Omnivore Marketplace. In order to use the Omnivore API you must provide us with
         Name
         Company
         Company Type
         Phone Number
         Email
         Password
         Payment information

      2. Information that you choose to give us.

         1. If you express an interest in obtaining additional information about our services, request customer support, use our Contact us or similar features, register to use our websites, sign up for an event, webinar or contest, or download certain content, we may require that you provide to us your contact information, such as your name, job title, company name, address, phone number, email address or username and password;
         2. If you make purchases via our websites (see Section 1) or register for an event or webinar, we may require that you provide to us your financial and billing information, such as billing name and address, credit card number or bank account information;
         3. If you attend an event, we may upon your consent scan your attendee badge, which will provide to us your name, title, company name, address, country, phone number and email address; and
         4. If you visit our offices, you may be required to register as a visitor and to provide your name, email address, phone number, company name and time and date of arrival.

   2. Information We Automatically Collect from Your Use of Omnivore API and Omnivore Marketplace.

      We use common information-gathering tools, such as log files and cookies to automatically collect information that may contain Personal Data from your computer or mobile device as you navigate our websites or interact with emails we have sent to you. While some internet browsers offer a "do not track" or "DNT" option that lets you tell websites that you do not want to have your online activities tracked, these features are not yet uniform and there is no common standard that has been adopted by industry groups, technology companies or regulators. Therefore, we do not currently commit to responding to browsers' DNT signals with respect to our websites. Omnivore takes privacy and meaningful choice seriously and will make efforts to continue to monitor developments around DNT browser technology and the implementation of a standard.

      Log Files. As is true of most websites, we gather certain information automatically via log files. This information may include your IP address (or proxy server), device and application identification numbers, your location, your browser type, your Internet service provider and/or mobile carrier, the pages and files you viewed, your searches, your operating system and system configuration information and date/time stamps associated with your usage. This information is used to analyze overall trends, to help us provide and improve our websites and to guarantee their security and continued proper functioning. We also collect IP addresses from users when they log into our services as part of our security features.

   3. Cookies.

      1. Cookies are small amounts of data that are stored on your browser, device, communication, or the page you are viewing. Some cookies are deleted once you close your browser, while other cookies are retained even after you close your browser so that you can be recognized when you return to a websites. More information about cookies and how they work is available at www.allaboutcookies.org. Omnivore is not responsible for third parties’ cookies.
      2. We use cookies and similar technologies such as web beacons, tags and JavaScript alone or in conjunction with cookies to compile information about the usage of our websites and interaction with emails from us.
      3. When you visit our websites, we or an authorized third party may place a cookie on your browser, which cookie collects information, including Personal Data, about your online activities over time and across different sites. Cookies allow us to track overall usage, determine your browsing preferences and improve and customize your browsing experience.
      4. We use both session-based and persistent cookies. Session-based cookies exist only during one session and disappear from your computer when you close your browser or turn off your computer. Persistent cookies remain on your computer or device after you close your browser or turn off your computer. You can control the use of cookies at the individual browser level, but choosing to disable cookies may limit your use of certain features or functions on our websites and services.
      5. We also use web beacons on our websites and in email communications. For example, we may place web beacons in marketing emails that notify us when you click on a link in the email that directs you to one of our websites. Such technologies are used to operate and improve our websites and email communications.
      6. Omnivore.io provides an opt-out solution available here. Please note, however, that by blocking or deleting cookies and similar technologies used on our websites, you may not be able to take full advantage of the websites.
      7. You may opt-out from the collection of device and usage data (see the "What device and usage data we process" section, above) by managing your cookies at the individual browser level. In addition, if you wish to opt-out of interest-based advertising click here (or, if located in the European Union, click here).

   4. Information We Collect from Third Parties.

      Our websites may use social media features, such as the Facebook "like" button, the "Tweet" button and other sharing widgets ("Social Media Features"). You may be given the option by such Social Media Features to post information about your activities on a website to a profile page of yours that is provided by a third party social media network in order to share with others within your network. Social Media Features are either hosted by the respective social media network or hosted directly on our website. To the extent the Social Media Features are hosted by the respective social media networks, the latter may receive information that you have visited our website from your IP address. If you are logged into your social media account, it is possible that the respective social media network can link your visit of our websites with your social media profile. Your interactions with Social Media Features are governed by the privacy policies of the companies providing the relevant Social Media Features.

4. HOW WE USE THE INFORMATION WE COLLECT

   We use the Personal Data we collect for the following purposes:

   Purpose of Use	Categories of Personal Data
   Provide the products and services you requested, respond to your inquiries, and allow Omnivore to contact you.	Basic Data, Registration Data, and Device Data
   Manage your accounts, maintain our business operations, and allow you access to our proprietary systems.	Basic Data, Registration Data, and Device Data
   Make our Site more personal, intuitive and easy to use.	Device Data
   Protect the security and effective functioning of our Site and information technology systems.	Basic Data, Registration Data, and Device Data
   Provide relevant marketing about our or our affiliates' products and services, or promotions that we are developing, and opportunities that may be available to you.	Basic Data, Registration Data, Device Data, and Marketing Data
   Address our compliance and legal obligations and exercise our legal rights.	Basic Data, Registration Data, and Device Data

   Categories of Personal Data defined:

   Basic Data: Name, title, company, job responsibilities, phone number, mailing address, email address, and contact details.

   Registration Data: Newsletter requests, subscriptions, downloads, and username/passwords.

   Device Data: Computer Internet Protocol (IP) address, unique device identifier (UDID), cookies and other data linked to a device, and data about usage of our Site and communications (Usage Data). Note, however, we do not consider Device Data to be Personal Data except where we link it to you as an individual or where applicable law requires.

   Marketing Data: Data about individual participation in trade shows and conferences, credentials, associations, services or products you are interested in, and other preferences.

5. SHARING AND DISCLOSURE

   1. Affiliates. We reserve the right to share Personal Data within the Omnivore group of companies as necessary for the purposes we described above.
   2. Mandatory disclosures and legal rights. We share Personal Data in order to comply with any subpoena, court order or other legal process, or other governmental request. We also share Personal Data to establish or protect our legal rights, property, or safety, or the rights, property, or safety of others, or to defend against legal claims.
   3. Service Providers. We share Personal Data with service providers to enable such parties to perform functions on our behalf and under our instructions in order to carry out the purposes identified above, such as marketing and web hosting. We require service providers to provide reasonable security for Personal Data and to use and process such Personal Data only on our behalf.
   4. Business Transfers. We share Personal Data with any corporate purchaser or prospect to the extent permitted by law as part of any merger, acquisition, sale of company assets, or transition of service to another provider, as well as in the event of insolvency, bankruptcy, or receivership in which Personal Data would be transferred as an asset of Omnivore.
   5. Aggregated Data. We may also share aggregated information (information about our users that we combine together so that it no longer identifies or references an individual user) and other anonymized information for regulatory compliance, industry and market analysis, demographic profiling, marketing and advertising, and other business purposes.
   6. Auditors and advisors. We share Personal Data with auditors for the performance of audit functions and advisors for the provision of legal and other advice.
   7. Webinar Hosts. If you use our websites to register for an event or webinar organized by one of our affiliates, your personal information may be shared with the affiliate in order to to process your registration and ensure your participation in the event; in such instances, our affiliate will process the relevant Personal Data as a separate controller and will provide you with further information on the processing of your Personal Data, where required. If you attend an event or webinar organized by us, or download or access an asset on our website, with sponsors of the event. If required by applicable law, you may consent to such sharing via the registration form or by allowing your attendee badge to be scanned at a sponsor booth. In these circumstances, your information will be subject to the sponsors’ privacy statements. If you do not wish for your information to be shared, you may choose to not opt-in via event/webinar registration or elect to not have your badge scanned
   8. Social Media. Any Personal Data or other information you choose to submit in communities, forums, blogs or chat rooms on our websites may be read, collected and used by others who visit these forums, depending on your account settings.

6. OTHER IMPORTANT INFORMATION

   1. Marketing Choices. You have control regarding our use of your Personal Data for directing marketing. If you no longer wish to receive any marketing communications, remain on a mailing list to which you previously subscribed, or receive any other marketing communication, you can choose to not receive such communications at any time. Please follow the unsubscribe link in the relevant communication or contact us as detailed below.
   2. Children. Our websites are not directed at children. We do not knowingly collect Personal Data from children under the age of 16. If you are a parent or guardian and believe your child has provided us with Personal Data without your consent, please contact us at [email protected], and we will take steps to delete such Personal Data from our systems.
   3. Analyzing your Communications. We may review, scan, or analyze your communications on the Omnivore platform for fraud prevention, risk assessment, regulatory compliance, investigation, product development, research, and customer support purposes. We will not review, scan, or analyze your communications to send third party marketing messages to you, and we will not sell reviews or analyses of these communications.
   4. Data Processor. As described above, we may also process Personal Data in the role of a processor. If your data has been submitted to us by a Omnivore customer and you wish to exercise any rights you may have under applicable data protection laws, please inquire with the applicable customer directly. Because we may only access a customer’s data upon instruction from that customer, if you wish to make your request directly to us, please provide to us the name of the Omnivore customer who submitted your data to us. We will refer your request to that customer, and will support them as needed in responding to your request within a reasonable timeframe.
   5. Persona Data Retention. We determine the appropriate retention period for Personal Data on the basis of the amount, nature and sensitivity of your Personal Data processed, the potential risk of harm from unauthorized use or disclosure of your Personal Data and whether we can achieve the purposes of the processing through other means, as well as on the basis of applicable legal requirements (such as applicable statutes of limitation). After expiry of the applicable retention periods, your Personal Data will be deleted. If there is any data that we are unable, for technical reasons, to delete entirely from our systems, we will put in place appropriate measures to prevent any further use of such data.

7. THIRD PARTY PARTNERS AND INTEGRATIONS

   The Omnivore platform may contain links to third party websites or services, such as third party integrations, co-branded services, or third party-branded services ("Third Party Partners"). Omnivore doesn’t own or control these Third Party Partners and when you interact with them, you may be providing information directly to the Third Party Partner, Omnivore, or both. These Third Party Partners will have their own rules about the collection, use, and disclosure of information. We encourage you to review the privacy policies of the other websites you visit.

8. YOUR RIGHTS

   You have certain rights relating to your Personal Data, subject to local data protection laws. Depending on the applicable laws and, in particular, if you are located in the EEA, certain rights listed below may apply. To exercise your rights, please contact us by using the information in the Connect with Omnivore section, below. We try to respond to all legitimate requests within one month and will contact you if we need additional information from you in order to honor your request. Occasionally it may take us longer than a month, taking into account the complexity and number of requests we receive. If you are an employee of a Omnivore.io customer, we recommend you contact your company’s system administrator for assistance in correcting or updating your information. Some registered users may update their user settings, profiles, organization settings and event registrations by logging into their accounts and editing their settings or profiles. To update your billing information, discontinue your account and/or request return or deletion of your Personal Data and other information associated with your account, please contact us at [email protected]

   1. The right to be informed. You have the right to be provided with clear, transparent and easily understandable information about how we use your information and your rights. This is why we’re providing you with the information in this policy.
   2. The right of access. You have the right to obtain access to your information (if we’re processing it). This will enable you, for example, to check that we’re using your information in accordance with data protection law. If you wish to access the information we hold about you in this way, please get in touch ([email protected]).
   3. The right to rectification. You are entitled to have your information corrected if it is inaccurate or incomplete. You can request that we rectify any errors in information that we hold by contacting us ([email protected]).
   4. The right to erasure. This is also known as ‘the right to be forgotten’ and, in simple terms, enables you to request the deletion or removal of certain of the information that we hold about you by contacting us ([email protected]).
   5. The right to restrict processing. You have rights to 'block' or 'suppress' further use of your information. When processing is restricted, we can still store your information, but will not use it further.
   6. The right to data portability. You have the right to obtain your personal information in an accessible and transferrable format so that you can re-use it for your own purposes across different service providers. This is not a general right however and there are exceptions. To learn more please get in touch ([email protected]).
   7. The right to lodge a complaint. You have the right to lodge a complaint about the way we handle or process your information with the national data protection authority.
   8. The right to withdraw consent. If you have given your consent to anything we do with your information (i.e. we rely on consent as a legal basis for processing your information), you have the right to withdraw that consent at any time. You can do this by contacting us ([email protected]). Withdrawing consent will not however make unlawful our use of your information while consent had been apparent.
   9. The right to object to processing. You have the right to object to certain types of processing, including processing for direct marketing and profiling. You can object by changing your marketing preferences or disabling cookies as set out above.
   10. If you are a resident of California. If you are a resident of California and under the age of 18 and have registered for an account with us, you may ask us to remove content or information that you have posted to our websites. California law permits California residents to request and obtain from us once a year, free of charge, a list of the third parties to whom we have disclosed their personal information (if any) for their direct marketing purposes in the prior calendar year, as well as the type of personal information disclosed to those third parties. See the "Contact Us" section for where to send such requests.

9. OPERATING GLOBALLY

   We transfer Personal Data to various jurisdictions as necessary for the purposes described above, including to jurisdictions that may not provide the same level of data protection as your home country. We provide appropriate protections for cross-border transfers as required by law for international data transfers. With respect to transfers originating from the European Economic Area ("EEA"), we implement standard contractual clauses approved by the European Commission, and other appropriate solutions to address cross-border transfers as required by applicable law. Where required by such laws, you may request a copy of the suitable mechanisms we have in place by contacting us as detailed below.

10. SECURITY

    We maintain technical and organizational measures to protect Personal Data from loss, misuse, alteration, or unintentional destruction. However, no security measure can guarantee against compromise. You also have an important role in protecting your Personal Data. You should not share your username and password with anyone, and you should not reuse passwords across more than one website. If you have any reason to believe that your username or password has been compromised, please contact us as detailed below.

11. NOTIFICATION OF A PERSONAL DATA BREACH TO THE SUPERVISORY AUTHORITY

    In the case of a personal data breach, the Omnivore shall without undue delay and, where feasible, not later than 72 hours after having become aware of it, notify the personal data breach to the applicable supervisory authority competent in accordance with the terms of the GDPR, unless the personal data breach is unlikely to result in a risk to the rights and freedoms of natural persons. Where the notification to the supervisory authority is not made within 72 hours, it shall be accompanied by reasons for the delay.

12. CHANGES TO THE POLICY

    We will update this Privacy Statement from time to time to reflect changes in our practices, technologies, legal requirements and other factors. If we do, we will update the "effective date" at the top of this Privacy Statement. If we make an update, we may provide you with notice prior to the update taking effect, such as by posting a conspicuous notice on our website or by contacting you using the email address you provided. We encourage you to periodically review this Privacy Statement to stay informed about our collection, processing and sharing of your Personal Data.

13. CONTACT US

    If you’re not satisfied with our response to any complaint or believe our processing of your information does not comply with data protection law, you can make a complaint to the Omnivore’s Information Commissioner’s Office (ICO) using the following details:

    1. Contact us at [email protected]
    2. By contacting our Data Protection Officer: 800.293.4058
    3. Mail us at: 13577 Feather Sound Drive, Suite 390, Clearwater, FL 33762

We are committed to working with you to obtain a fair resolution of any complaint or concern about privacy. If, however, you believe that we have not been able to assist with your complaint or concern - you have the right to lodge a complaint with the competent supervisory authority.