INTERNATIONAL DATA TRANSFERS AND PRIVACY SHIELD
If you are a non-U.S. user of the Services, by using the Services and providing us with data, you acknowledge and agree that your personal information may be processed outside the country in which it was collected, including the United States, where laws regarding processing of personal information may be less stringent than the laws in your country. By providing your data, you acknowledge such transfer.
Olo complies with the EU-US and Swiss-US Privacy Shield Frameworks as set forth by the US Department of Commerce regarding the collection, use, and retention of personal information from the EU and/or Switzerland. Please visit our Privacy Shield Statement for more information on our Privacy Shield certification.
THE TYPES OF INFORMATION OLO COLLECTS
Olo collects information from you in various ways when you access or use the Services. Olo collect personal information from you in the following ways:
(a) Personal Information You Provide. For example:
- Olo may collect personal information from you, such as your first and last name, address, e-mail, telephone number and when you create an account (“Account”).
- The Services allow you to store preferences such as your location, recent orders and favorite menu items in order to make it more convenient for you to place additional orders in the future.
- When you order menu items from the Branded Company on our Services, Olo will collect all information necessary to complete the transaction, including your name and payment information. Olo may store this information on our servers, in order to make it easier for you to place orders for the Branded Company‘s menu items in the future. Olo does not store your payment information on our servers, but stores a secure “token” that helps facilitate a secure payment transaction on the Branded Company Services.
- If you provide feedback or contact Olo via email, Olo will collect your name and email address, as well as any other content included in the email, in order to send you a reply.
- Olo also collects other types of personal information that you provide voluntarily, such as any information requested by Olo if you contact Olo via email regarding support for the Services.
(b) Personal Information Collected Via Technology. Olo collects certain information from you automatically when you access and use the Services as described below:
- Information Collected by Olo Servers. To make the Services more useful to you, Olo servers (which may be hosted by a third party service provider) collect information from you, including the referring/exit pages, your browser type, domain name, date/time stamp for your visit and your Internet Protocol (IP) address (a number that is automatically assigned to your computer or device when you use the Internet). Olo uses this information to analyze trends, administer the Services, monitor for fraudulent activities using fraud management tools, and better tailor the Services to users‘ needs.
- Mobile Services. We may also collect information from your mobile device if you have downloaded a Branded Company‘s Application. This information is generally used to help deliver the most relevant information to you. Examples of information that may be collected and used include your general geographic location, how you use the Application(s), and information about the type of device you use. In addition, in the event the Application crashes your mobile device, Olo will receive information about your mobile device model, software version and device carrier, to identify and fix bugs and otherwise improve the performance of the Application. This information is sent to Olo as aggregated information. The aggregated information is not traceable to any individual and cannot be used to identify an individual.
(c) Facebook and other Social Networking Services. The Services may allow users to access Facebook and other social networking sites (each, an “SNS”) to interact with and share their experiences with the Branded Company‘s products and services with their friends. If you are not a registered user of the Services, you can create an Account by clicking on “Sign In” using Facebook or another SNS that we support, and then entering your SNS login credentials. In this case, Olo may receive information from Facebook or another SNS to make it easier for you to create an Account on the Services. Once you register on the Services and connect with Facebook or another SNS, you will be able to automatically post recent activity back to Facebook or the other SNS. The information that your Facebook or other SNS account provides to Olo may depend on the privacy settings you have with that SNS, so please consult the SNS‘s privacy and data practices.
(d) Location Information. If you have enabled location services on your phone and agree to the collection of your location when prompted by the Services, Olo will collect your location information when you use the Services; for example, to locate those restaurants and locations of the Branded Company that are near you or when you “check in” via the Services. If you do not want Olo to collect this information, you may decline the collection of your location when prompted, or adjust the location services settings on your device.
HOW OLO USES YOUR INFORMATION
(a) General Use. In general, Olo uses your personal information to respond to your requests as submitted through the Services, to provide you the Services you request, or to help serve you better. Olo uses your personal information in the following ways:
- facilitate the creation of, and secure and maintain your Account;
- identify you as a user and not a potential fraudster in Olo‘s system;
- provide improved administration of the Site, Application and Services;
- provide the Services you request;
- improve the quality of experience when you interact with the Site, Application and Services;
- send you a welcome e-mail to verify ownership of the e-mail address provided when your Account was created;
- send you administrative e-mail notifications, such as security or support and maintenance advisories;
- call or send you an SMS message about your order status or any issues with your order (e.g., food being prepared); and,
- send surveys, offers, and other promotional materials related to the Services at the Branded Company‘s request or direction.
(b) Creation of Anonymous Data. Olo may create anonymous information records from personal information by excluding information (such as your name) that makes the information personally identifiable to you. Olo may use this anonymous information, aggregated with other anonymized user information, to analyze request patterns and usage patterns to enhance Olo‘s products and services. Olo reserves the right to use and disclose anonymous information to third parties in its discretion.
DISCLOSURE OF YOUR PERSONAL DATA
BECAUSE OLO DOES NOT CONTROL THE PRIVACY PRACTICES OF THE BRANDED COMPANY, YOU SHOULD READ AND UNDERSTAND THE BRANDED COMPANY‘S PRIVACY POLICIES
A NOTE ABOUT CHILDREN
The Services are not directed towards individuals under the age of 13, and Olo does not intentionally gather personal information about visitors who are under the age of 13. Furthermore, Olo does not intentionally allow visitors under the age of 18 to register for the Services. If a child under 13 submits personal information to Olo and Olo learns that the personal information is the information of a child under 13, Olo will attempt to delete the information as soon as possible. If you believe that Olo might have any personal information from a child under 13, please contact Olo at: One World Trade Center, 82nd Floor, New York, NY 10007.
LINKS TO OTHER SITES
YOUR CHOICES REGARDING YOUR INFORMATION
You have several choices regarding use of information on the Services. (a) Cookies. If you decide at any time that you no longer wish to accept cookies from the Services for any of the purposes described above, then you can instruct your browser, by changing its settings, to stop accepting cookies or to prompt you before accepting a cookie from the websites you visit. Consult your browser‘s technical information. If you do not accept cookies, however, you may not be able to use all or portions of the Services or all functionality of the Services. If you have any questions about how to disable or modify cookies, please let Olo know at the contact information provided below.
(b) De-Linking SNS. If you decide at any time that you no longer wish to have your SNS account (e.g., Facebook or Twitter) linked to your Account, then you may close your account with the Branded Company. Please refer to the privacy settings of the SNS to determine how you may adjust our permissions and manage the interactivity between the Services and your social media account or mobile device.
(c) Application. You can stop all collection of information by the Application by uninstalling the Application. You may use the standard uninstall processes as may be available as part of your mobile device or via the mobile application marketplace or network.
(d) How We Respond to Do Not Track Signals. Some web browsers transmit “do not track” signals to the websites and other online services with which your web browser communications. There is currently no standard that governs what, if anything, websites should do when they receive these signals. Olo currently does not take action in response to these signals. If and when a standard is established, Olo may revise its policy on responding to these signals.
(e) Access or Correct Your Information. You may request to review and update the information Olo maintains about you by submitting a request to email@example.com.
(f) Opting Out of SMS Communications. If you provide your phone number through the Services, Olo may send you notifications by SMS, such as to alert you of a problem with your order or to notify you that your delivery is on its way. You may opt out of SMS communications by unlinking your mobile phone number through the Site.
(g) Opting Out of Location Tracking. If you initially consented to the collection of geo-location information through the Services, you can subsequently stop the collection of this information at any time by changing the preferences on your mobile device. Please note, however, that if you withdraw consent to Olo‘s collection of location information, you may no longer be able to use some features of the Services.
NOTICE TO CALIFORNIA RESIDENTS – YOUR CALIFORNIA PRIVACY RIGHTS
(AS PROVIDED BY CALIFORNIA CIVIL CODE SECTION 1798.83) A CALIFORNIA RESIDENT WHO HAS PROVIDED PERSONAL DATA TO A BUSINESS WITH WHOM HE/SHE HAS ESTABLISHED A BUSINESS RELATIONSHIP FOR PERSONAL, FAMILY, OR HOUSEHOLD PURPOSES (A “CALIFORNIA CUSTOME”) MAY REQUEST INFORMATION ABOUT WHETHER THE BUSINESS HAS DISCLOSED PERSONAL INFORMATION TO ANY THIRD PARTIES FOR THE THIRD PARTIES‘ DIRECT MARKETING PURPOSES. IN GENERAL, IF THE BUSINESS HAS MADE SUCH A DISCLOSURE OF PERSONAL DATA, UPON RECEIPT OF A REQUEST BY A CALIFORNIA CUSTOMER, THE BUSINESS IS REQUIRED TO PROVIDE A LIST OF ALL THIRD PARTIES TO WHOM PERSONAL DATA WAS DISCLOSED IN THE PRECEDING CALENDAR YEAR, AS WELL AS A LIST OF THE CATEGORIES OF PERSONAL DATA THAT WERE DISCLOSED. CALIFORNIA CUSTOMERS MAY REQUEST FURTHER INFORMATION ABOUT OLO‘S COMPLIANCE WITH THIS LAW BY E-MAILING CACUSTOMER@OLO.COM. PLEASE NOTE THAT OLO IS REQUIRED TO RESPOND TO ONE REQUEST PER CALIFORNIA CUSTOMER EACH YEAR AND IS NOT REQUIRED TO RESPOND TO REQUESTS MADE BY MEANS OTHER THAN THROUGH THIS E-MAIL ADDRESS.
One World Trade Center, 82nd Floor
New York, NY 10004 USA
August 6, 2019
Mobo Systems, Inc. d/b/a Olo (“Olo“, “us“ or “we“) has certified that it complies with and adheres to the Privacy Principles of the EU-US Privacy Shield Framework and the Swiss-US Privacy Shield Framework, as set forth by the U.S. Department of Commerce, with respect to the collection, use and retention of consumer personal data (“Personal Data”) that Olo in the US receives from the European Economic Area and Switzerland in connection with a digital ordering platform (“Services”) that Olo provides to restaurants and other food services companies.
If there is a conflict between the terms in this Privacy Shield Statement and the Privacy Principles, the Privacy Principles shall govern.
This Privacy Shield Statement explains how Olo complies with the Privacy Principles in handling Personal Data. To learn more about the Privacy Shield and to view the Olo Privacy Shield certifications, please visit: https://www.privacyshield.gov/. Personal Data does not include information that is encoded, anonymized, aggregated or publicly available information that has not been combined with non-public Personal Data.
The Privacy Principles are:
Olo‘s Role in Processing Personal Data
Olo offered two types of Services. First, Olo provides a white label online and mobile ordering platform that restaurants deploy under their own brands. Second, Olo provides a platform that connects restaurants with third party food delivery services.
In all cases, Olo acts as a processor on behalf of restaurants and other food services companies that use the Services. This means that Olo is a service provider that processes Personal Data on behalf of and on the instructions of our business customers. Our business customers act as data controllers. The business customers (a) determine the purposes for which Olo processes Personal Data, and (b) are responsible to consumers for the processing of the consumers‘ Personal Data.
Second, in connection with Olo‘s Services connecting customers to third party food delivery services, Olo requires its customers to inform their consumers of customers‘ privacy practices, including Olo‘s processing of Personal Data.
Olo does not use or share Personal Data in a way that would require us to offer choice to consumers. This is because Olo uses and discloses Personal Data only as follows:
- To provide the Services, as directed or authorized by the business customer or the consumer who uses the Services.
- If required to do so by law or legal process (such as a court order)
- In response to a request by law enforcement authorities, or
- When we believe disclosure is necessary or appropriate to prevent physical harm or financial loss or in connection with an investigation of suspected or actual illegal activity.
Olo also reserves the right to transfer Personal Data in the event Olo sells, merges or transfers all or a portion of our business or assets.
Accountability for Onward Transfer of Personal Data
Olo may share Personal Data with third party services providers that perform services on behalf of Olo. Olo does not authorize these service providers to use or disclose the Personal Data except as necessary to perform services on behalf of Olo or Olo business customers, or to comply with legal requirements. Olo maintains contracts with these providers restricting their access, use and disclosure of Personal Data in compliance with the Privacy Principles, and requiring these providers to appropriately safeguard the privacy and security of the Personal Data they process. Olo may be liable if these third parties fail to meet those obligations, and Olo is responsible for the event giving rise to the damage. If Olo has knowledge that a third party to which it has disclosed Personal Data subject to this Privacy Shield Statement is processing such Personal Data in a way that is inconsistent with the Privacy Principles, or if Olo has knowledge that such third party is no longer capable of processing such Personal Data consistent with the Principles, Olo will take reasonable and appropriate steps to prevent or stop and remediate such processing.
Olo may also share Personal Data with third parties at the direction of and on behalf of its business customers. Olo relies on its business customers to maintain contracts with these third parties restricting their access, use and disclosure of Personal Data in compliance with the Privacy Principles, and requiring these providers to appropriately safeguard the privacy and security of the Personal Data they process.
Olo takes reasonable and appropriate measures to protect Personal Data from loss, misuse, and unauthorized access, disclosure, alteration and destruction.
Data Integrity and Purpose Limitation
Olo limits the Personal Data it collects to the Personal Data that is relevant for the purpose(s) for which it is being processed. Olo does not use Personal Data for purposes incompatible with the purpose(s) for which it was collected.
In addition, Olo takes reasonable steps to ensure that the Personal Data it processes is reliable for its intended use and is accurate, complete and current.
Consumers who use the Services to place online or mobile orders may access the Personal Data that Olo maintains about them by accessing their online account or contacting us at firstname.lastname@example.org. Olo also assists its business customers in complying with access requests.
Olo may limit or deny access to Personal Data where providing such access is unreasonably burdensome or expensive under the circumstances, where the rights of persons other than the individual would be violated, or as otherwise permitted by the Privacy Principles.
Recourse, Enforcement and Liability
Olo has established procedures for periodically reviewing and verifying the accuracy of this Privacy Shield Statement, for verifying the company's implementation of and compliance with the Privacy Principles, and for remedying any issues identified during such reviews. Olo conducts an annual self-assessment of its Personal Data practices to verify that the attestations and assertions we make about our privacy practices are true, that our privacy practices have been implemented as represented, and that any identified issues have been remedied. Olo personnel with access to the Personal Data covered by this policy are responsible for conducting themselves in accordance with the policies described in this Privacy Shield Statement, the failure of which may result in disciplinary action up to and including termination.
In compliance with the Privacy Principles, Olo commits to resolve complaints about our collection or use of your Personal Data. EU and Swiss individuals with inquiries or complaints regarding our Privacy Shield Statement should first contact Olo at email@example.com. Olo has further committed to refer unresolved Privacy Shield complaints to JAMS, an alternative dispute resolution provider located in the United States. If you do not receive timely acknowledgement of your complaint from us, or if we have not addressed your complaint to your satisfaction, please visit https://www.jamsadr.com/eu-us-privacy-shield for more information or to file a complaint. The services of JAMS are provided at no cost to you. If neither Olo nor JAMS resolves an individual's complaint, the individual may have the ability to engage in binding arbitration through the Privacy Shield Panel. Additional information on the arbitration process is available on the Privacy Shield website at https://www.privacyshield.gov/.
US Federal Trade Commission Jurisdiction
Olo‘s commitments under the Privacy Principles are subject to the jurisdiction and the investigatory and enforcement authority of the United States Federal Trade Commission.
Olo may be required to disclose Personal Data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
How to Contact Us
If you have any questions, comments or concerns about this Privacy Shield Statement, please contact us by email at: firstname.lastname@example.org.