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UNITED POS SOLUTIONS, INC.
PRIVACY POLICY

Effective: June 16, 2020

Welcome! This notice describes the personal data we collect, how it’s used and shared, and your choices regarding this data. We recommend that you read this notice before you use our Services, please read this Privacy Policy carefully.

This Privacy Policy explains how United POS Solutions Inc. and its subsidiaries and affiliates (“UPSI”, “we”, “us” or “our”) collect, use, share, and otherwise process personal information in connection with our epipay® smarter Service. Our Service includes: (i) our websites, such as epipay.com, upsolution.com, and partner websites dedicated to epipay® smarter Platform and Service; (ii) related point-of-sale systems, and software-as-service; (iii) mobile sites and mobile application(s); (iv) in-store kiosks and other online services, and (v) any other properties, programs, tools or technology now or in the future; in each case, that reference this Privacy Policy.

This Privacy Policy does not cover or address: the privacy practices of participating Restaurants including their authorized licensees and franchisees available on our Service, services provided by us on behalf of participating Restaurants, or our privacy practices relating to the personal information of participating Restaurant employees, delivery personnel or partners and other personnel. If you see any undefined term in this Privacy Policy, it has the definition specified in our Terms of Use.

By accessing or using the Service, you agree that you have read, understood and agree to our collection, storage, use and disclosure of your personal information as described in this Privacy Policy and our Terms of Use.

1. Personal Information We Collect

1.1. Data provided directly by you

Contact and profile information. The information you provide while creating an Account, such as completing your Account profile, signing up for a mailing list, or otherwise communicating or interacting with us, we may collect information from you. For example, information such as your name, phone number, e-mail address, and physical address will be collected. We use this information to: (i) create your Account; (ii) communicate with you directly about the Services, (iii) fulfill your order, and (iv) send you marketing communications in accordance with your preferences.

Payment information. When you submit an order, you are required to provide payment information, such as your credit card, or debit card details. For corporate Accounts that are used for business purposes, we may also have corporate credit card numbers or other payment account numbers. We use this payment information to fulfill your order, complete the transaction, and detect and prevent fraud.

Transaction information. When you submit an order, we collect information, including the items purchased, date and time of your transaction, and special instructions. We use this transaction information to fulfill your order, detect and prevent fraud, personalize your experience, perform analytics/identify usage trends, and inform our advertising and marketing.

Communications, Participation and other content. We maintain all communications resulting from your interactions with us by email, phone, email, chat or text message. We record comments and opinions you express when responding to surveys, entering a sweepstakes or taking part in promotions we run. We use all of the foregoing communications to address your questions, issues and concerns and to improve our Services.

Other information you provide. With your permission, we may share and provide content or promotions or invite your friends to connect with our Services, including through our friend referral program.

We may also use aggregate personal information for regulatory compliance, industry and market analysis, research, demographic profiling, marketing and advertising, and other business purposes as long as the end-product does not uniquely identify you or any other user of the Services.

1.2. Personal Information Generated and/or Automatically Collected during your use of the Services

Information about your device and its software. Information about your device and its software includes your IP address, browser type, internet service provider, device type / model / manufacturer, operating system, date and time stamp, and a unique ID that allows us to identify your browser, mobile device, or your Account (including, for example, a persistent device identifier or an User ID), and other similar information. We may also work with third-party partners to employ technologies, including statistical modeling tools, which permit us to recognize and contact you across multiple devices. We use this device and software information to diagnose and fix technology problems, serve you personalized advertising, personalize your experience, perform analytics/identify usage trends, and improve our products and Services.

Information about the way you access and use our Services. For example, information about the way you access and use our Services includes the site from which you came and the site to which you are going when you leave. In addition, we track the pages you visit on the Services Platform, the links you click on the Services Platform, whether you open emails or click the links contained in emails that we send, other actions you take on the Services, and whether you access the Services from multiple devices. We may also use the information about the way you access and use our Services to determine products and services that may be of interest to you, to improve our products and Services, to evaluate the success of our advertising and marketing campaigns, and to send you marketing communications.

Location Information. In some cases, you provide your location information to us directly (e.g. when you provide us with a delivery address). In other cases, we may collect your location through GPS, WiFi, wireless network triangulation or other methods, or we may otherwise infer your location based on other information we collect. (For example, we can approximate your location by your IP Address.) We use location information to customize content on our epipay® smarter Services (e.g., show you the Restaurants that will deliver to your location and show you relevant promotions), facilitate order Services, detect and prevent fraud, and measure traffic and analytics on the epipay® smarter Services. If you have previously opted into our collection and use of location-based information through our mobile application, you may opt-out by adjusting the settings on your mobile device. We also use the Google Maps API to gather information about your location. Google uses various technologies to determine your location, including IP address, GPS and other sensors that may, for example, provide Google with information on nearby devices, WiFi access points and cell towers (see the Google privacy policy and the Google Maps terms of service to learn more).

We typically collect the foregoing information through a variety of tracking technologies, including cookies, Flash objects, web beacons, embedded scripts, mobile SDKs, location-identifying technologies, and similar technology (collectively, “tracking technologies”), and we may use third-party partners or services to assist with this effort. Information we collect automatically about you or your device may be combined with other personal information we collect directly.

We, or the third-party partners we use, may use the data collected automatically through tracking technologies to: (a) remember information so that you will not have to re-enter it during your visit or the next time you visit the Platform; (b) provide custom, personalized content and information; (c) identify and contact you across multiple devices; (d) provide and monitor the effectiveness of our Services; (e) perform analytics and detect usage patterns on our Services; (f) diagnose or fix technology problems; (g) detect or prevent fraud or other harmful activities, and (h) otherwise plan for and enhance our Services and for other internal purposes.

1.3. Data from other sources

Information we receive from third-party sites you connect to our epipay® smarter Services. We may receive personal information about you from third parties and combine that with information we collect through our Services. For example, we may obtain information when you login through a third-party social network or authentication service, such as Facebook or Google. These services will authenticate your identity and provide you the option to share certain personal information with us, which could include your name, email address, address book and contacts, or other information. Similarly, when you interact with us through a social media site or third-party service, such as when you like, follow or share our Services content on Facebook, Twitter, or other sites, we may receive information that you permit the social network to share with third parties. The data we receive from these third-party sites is dependent upon that third party’s policies and your privacy settings on that third-party site.

Information we receive from affiliates or third parties. From time to time, we may receive information about you from our Restaurant partners, in connection with our enterprise programs, from other UPSI entities and affiliates, from co-marketing partners, service providers, and from other third parties. We may receive additional information about you, such as fraud detection information, from third party partners and combine it with other information that we have about you. We use this information from affiliates or third parties to create your Accounts, to contact you, to send you advertising or promotional materials or to personalize our Services, to protect against bot attacks and account takeovers, and to better understand the demographics of our users.

We do not control, supervise or respond to how the third parties providing your information process your personal information, and any information request regarding the disclosure of your personal information to us should be directed to such third parties.

2. How We Use Your Personal Information

In addition to the uses described above, we may collect and use personal information to:

2.1. Provide, maintain, improve and develop the Services. We may use the personal information to provide, maintain, improve and develop the Services. For example, we:

Enable you to create Accounts and otherwise access and use the Services (e.g., remember information so that you will not have to re-enter it during your visit or the next time you visit),

Fulfill your requests and process payments (e.g., to allow you to order food from Restaurants and cause the order to be delivered by Restaurants or their delivery service to you, or to provide you with information that you request),

Provide custom, personalized content and information (e.g. “most popular near you” and “since you enjoy” features),

Perform analytics, detect activity patterns on our Services, and otherwise research usage, and

Test and develop new features and functionality and otherwise enhance the Services.

2.2. Maintain the safety, stability and security of our Services. We may use the personal information to maintain the safety and security of our Services. For example, we:

Detect or prevent fraud, abuse or other harmful activities,

Diagnose or fix technology problems,

Conduct security investigations and risk assessments, and

Improve and enforce our security measures.

2.3. Communications with you to provide support and other important messages. We may use personal information to communicate important messages to you and/or to provide you with support. For example, we might send you service-related emails or messages (e.g., user Account verification, changes or updates to features of the epipay® smarter Services, technical and security notices) and other communications from or about UPSI.

2.4. Provide, personalize, measure and improve our advertising and marketing. We may use personal information to provide, personalize, measure and improve our advertising and marketing. For example, we:

Administer rewards, surveys, sweepstakes, contests, or other promotional activities or events sponsored or managed by UPSI or its third-party partners,

Inform you of products, programs, services, and promotions that we believe may be of interest to you, including, without limitation, through emails and push notifications,

Permit you to refer us to your friends so that we may send them a promotional offer through the epipay® smarter Services. If you wish to use this feature, you may be required to provide us with, and we may use, your friend's name, email address, and other information you share with us. By using this functionality, you affirm that you are entitled to use and provide us with your friend's name and email address for this purpose. We will use that information to send an email inviting the friend to visit the epipay® smarter Platform and for any other purposes disclosed at the time of your participation in the program,

Determine the effectiveness of our epipay® smarter Services and our promotional campaigns, and Identify and contact you across multiple devices.

2.5. Legal and regulatory requirements and proceedings. We may use the personal information in connection with legal and regulatory proceedings and requirements. For example, we may need the personal information to enforce our corporate reporting obligations, or to comply with applicable laws.

2.6. Enforce our rights. When you access or use our Services, you are bound by our Terms of Use and this Privacy Policy. To ensure you comply with them, we may use your personal information to monitor, investigate, prevent and/or mitigate violations of our Terms of Use as well as enforce our agreements with third parties and business partners.

2.7. Other purposes disclosed at the time of collection. From time to time, we may use personal information for a specific purpose not contemplated by this Privacy Policy. In such an event, we will specifically disclose that use to you.

3. Our Sharing and Disclosure of Personal Information. We disclose personal information to the following types of third parties:

3.1. Restaurant Sharing. We disclose personal information to the Restaurants you order from and third parties engaged by those Restaurants (e.g. point of sale providers or their own delivery personnel), as needed to fulfill your orders, including communicating with you about the status of your order or cancelled items. If you make a purchase from a Restaurant that offers loyalty or rewards programs through our epipay® smarter Platform, we may disclose your personal information to the Restaurant as needed to facilitate your participation in the epipay® smarter Restaurant’s loyalty or rewards programs, including tracking points and redemptions. In some cases, you may also affirmatively opt in to share your information directly with the Restaurant as will be disclosed on the epipay® smarter Services.

3.2. Other Third Parties necessary to complete your order or to enable your use of the epipay® smarter Services. In addition to Restaurants you order from, we disclose personal information to other third parties as needed to fulfill your orders, including, without limitation, delivery providers and payment processors.

3.3 Service providers and contractors. We disclose personal information to third parties that provide services for us or on our behalf, such as website hosting, data analysis, infrastructure provisioning, IT services, customer service, email delivery services, fraud detection, security monitoring, advertising and marketing, and other similar services.

3.4. Analytics providers. We share personal information with third-party analytics providers to better understand the demographics of our users and visitors, and to personalize, enhance and improve our epipay® smarter Platform and Services.

3.5. Advertising, Marketing and Promotions providers. We share personal information with third parties in connection with co-marketing activities, the development of customized and targeted marketing campaigns, to launch promotions and for other similar advertising efforts.

3.6. Affiliate Sharing. We share your personal information with other companies owned or controlled by UPSI., and other companies owned by or under common ownership as UPSI., which also includes our subsidiaries (i.e., any organization we own or control) or our ultimate holding company (i.e., any organization that owns or controls us) and any subsidiaries it owns, for operational or business purposes or as otherwise described in this Privacy Policy.

3.7. Public. We make available through the epipay® smarter Services certain features which may enable you to post information and materials, for example, ratings and reviews, photo uploads, and chat functionality, if applicable. Please note that any information you provide in connection with such Services may be available to site visitors and to the general public. Please do not disclose your personal information in these public or interactive areas on the epipay® smarter Services, and we urge you to exercise discretion and caution when deciding to disclose any other information and/or materials in these public or interactive areas on the epipay® smarter Services.

3.8. Business Transaction or Reorganization. We may take part in or be involved with a corporate business transaction, such as a merger, acquisition, joint venture, or financing or sale of all or a portion of company assets. We may disclose personal information to a third party during negotiation of, in connection with or as an asset in such a corporate business transaction. Personal information may also be disclosed in the event of insolvency, bankruptcy, or receivership.

3.9. Legal Obligations and Rights. We disclose personal information to third parties, such as legal advisors and law enforcement, as required by law or subpoena or if we reasonably believe that such action is necessary to (a) comply with the law and the reasonable requests of law enforcement; (b) enforce our Terms of Use or to protect the security or integrity of our Services; (c) detect, suppress or prevent fraud or reduce credit risk and collect debts owed to us; and/or (d) exercise or protect the rights, property, or personal safety of UPSI, our visitors, or others.

3.10. Consent. We may disclose personal information about you to other third parties with your consent.

4. Control Over Your Personal Information

Access to your Device Information and Push Notifications. You may control access to your device information or opt out of push notifications through your “Settings” app on your device. For instance, you can withdraw permission for the app to access your location data through your device settings, though we may continue to approximate your location based on your IP address or through other means.

You may not opt out of service-related or order-related communications (e.g., Account verification, transactional communications, changes/updates to features of the services, technical and security notices) sent via SMS or multimedia (MMS) messages. Please see our Terms of Use for more information on communications from or on behalf of UPSI.

5. How We Store and Protect Your Information

Data storage and transfer. Your information collected through our Service is stored and processed in the United States. We do not offer or provide our services outside of the United States. If you are located in the European Union or other regions with laws governing data collection and use that may differ from U.S. law, please note that we may transfer information, including personal information, to a country and jurisdiction that does not have the same data protection laws as your jurisdiction.

Keeping your information safe. We care about the security of your information and employ physical, administrative, and technological safeguards designed to preserve the integrity and security of all information collected through our Service. However, no security system is perfect and we cannot guarantee the security of our systems. Please recognize that protecting your personal information is also your responsibility. Accordingly, we strongly recommend that you change your passwords often, use a combination of letters and numbers, make sure you use a secure browser, and otherwise take precautions when communicating your personal information on the internet. If you know or have reason to believe that your Account credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your Account, please contact us following the instructions in the Contact Us section below.

6. Children’s Personal Information

Our websites and online Services are not directed to, and we do not intend to, or knowingly, collect or solicit personal information from children under the age of 13. In the event that we learn that we have inadvertently collected personal information from a child under age 13, we will delete that information as quickly as possible. If you have a basis for believing that we have any information from a child under 13, please contact us at privacy@upsolution.com.

7. Third-Party Websites

Our websites and online Services may include links to third-party websites, plug-ins and applications. Except where we post, link to or expressly adopt or refer to this Privacy Policy, this Privacy Policy does not apply to, and we are not responsible for, any personal information practices of third-party websites and online services or the practices of other third parties. To learn about the personal information practices of third parties, please visit their respective privacy notices.

8. Region Specific Disclosures

We may choose or be required by law to provide different or additional disclosures relating to the processing of personal information about residents of certain countries, regions or states. Please refer below for disclosures that may be applicable to you:

California. UPSI is exempt from complying with the California Consumer Privacy Act (the “CCPA”) as UPSI does not meet the annual revenue threshold as defined under the CCPA, UPSI does not retain or possess more than 50,000 consumers, households or devices from the state of California, and UPSI does not engage in the sales of consumers’ personal data. If you have any specific questions in regards to the CCPA, please contact us at privacy@upsolution.com with the subject line “CCPA Inquiry”.

Nevada. If you are a resident of the State of Nevada, Chapter 603A of the Nevada Revised Statutes permits a Nevada resident to opt-out of future sales of certain covered information that a website operator has collected or will collect. To submit such a request, please contact us at privacy@upsolution.com with the subject line “Nevada opt-out.”

9. Updates to This Privacy Policy

We will update this Privacy Policy from time to time. When we make changes to this Privacy Policy, we will change the "Effective" date at the beginning of this Privacy Policy. If we make material changes to this Privacy Policy, we will notify you by email to your registered email address, by prominent posting on this website or our online Services, or through other appropriate communication channels. All changes shall be effective from the date of publication unless otherwise provided. If you do not cancel your Account before the date the revised Privacy Policy becomes effective, your continued access to or use of the Platform and/or Services will be subject to the revised Privacy Policy.

10. Contact Us

If you have any questions or requests in connection with this Privacy Policy or other privacy-related matters, please send an email to privacy@upsolution.com.

Alternatively, inquiries may be addressed to:

United POS Solutions, Inc.
Attention: Privacy Team
255 Route 17 South
Hackensack, NJ 07601

Please note that email communications will not necessarily be secure; accordingly, please do not include credit card information and/or other sensitive personal information in your email correspondence with us.