– Applicability of this Privacy Policy
– What Information Do We Collect?
– How Do We Use the Information We Collect?
– Do We Share Your Personal Information?
– Cookie Policy - What are Tracking Technologies, such as Cookies and Web Beacons, and How Do We Use Them?
– How Do We Secure Your Personal Information?
– Your Choices Regarding Information
– Links to Third Party Websites
– How We Respond to Do Not Track signals
– Children Under 16
– DMCA Notice
– Privacy Shield Frameworks
– Your California Privacy Rights
– Users Outside of the United States
– Contact Us

This Privacy Policy ("Privacy Policy") applies to the Wisely software and software-as-a-services platform (collectively, the "Solution") and explains how we collect, use, share and otherwise process information relating to natural persons ("Personal Information"). All capitalized terms not herein defined have the meanings ascribed to such capitalized terms in the Wisely License Agreement (the "Agreement"), which is hereby incorporated by reference. This Privacy Policy applies to any Customer and/or user of the Solution and visitor to our website (the "Site"). Wisely processes Personal Information in the role of a processor where your Personal Information was submitted to us by one of our restaurant Clients. If you wish to exercise any of your rights with respect to your Personal Information for which we are a processor, please contact the applicable restaurant Client directly.

We may update this Privacy Policy from time to time to reflect changes in our privacy practices. If we do, we will notify you of any changes by posting notice on our Site. Changes that materially affect your rights or our obligations will go into effect thirty (30) days following such notification, at which point we will update the "Last Updated" date at the top of the page. Non-material changes or clarifications will take effect immediately. We encourage you to periodically check the Site and this page for updates. You acknowledge that your use of our Site or Solution indicates to us that you have read this Privacy Policy and consent to the privacy practices described, and your continued use of our Site or Solution after we publish or send a notice about any changes to this Privacy Policy indicates that you have read and consent to the updated Privacy Policy.

We collect information, including Personal Information, only where we have a lawful basis. Lawful bases on which we rely include your consent where you have given it, contract where processing is necessary for us to perform our obligations pursuant to a contract with you, and legitimate interests of our business such as operating and providing the Site and Solution to you.

We collect, store, and use information we get from your use of the Site and/or Solution, including the following categories of information (which, for clarity, include Personal Information):

– Your name, email address, postal address, zip code, country, telephone number, profile images, and any other information you share when you create an account with our restaurant Clients or otherwise access the Solution.

– Other Personal Information you voluntarily submit to our restaurant Clients as part of your use of the Solution, which may include your profession, gender, date of birth, your profile picture, etc.

– Other details about you that you voluntarily submit to our restaurant Clients as part of your use of the Solution and/or interaction with our restaurant Clients (whether at their location or online), which may include online reviews, and/or email interactions.

– Your responses to surveys that our restaurant Clients may ask you to complete for research purposes or to help direct Wisely activities.

– Details of how you use the Site and/or Solution.

– Your internet protocol address (i.e., IP address) and, if you access the Solution from a mobile application, mobile device identifiers and non-email authentication.

– Details of financial transactions you participate in on the Solution, including your order history, the amount, currency, and method of payment, and payment card information (including, but not limited to, tokens).

– Publicly available information included in your social media accounts, including your social media account IDs, and information shared with our restaurant Clients via your social media accounts.

– Browser and device information and information collected through Tracking Technologies (defined below), such as cookies, pixel tags, and other technologies.

– If you use the Solution from a mobile device, that device will send us data about your location based on your phone settings. We will ask you to opt-in before we use GPS or other tools to identify your precise location.

We use the information we collect for a variety of purposes, including to improve the Site and/or Solution, optimize our technology, refine and customize our offerings and guest experience, and innovate ways to forward our mission of enhancing the customer experience at our restaurant Clients and growing our restaurant Clients' profits.

In particular, we use the information we collect to:

– Administer the Site and provide the Solution, enable you to use its features, and improve the overall user experience.

– Personalize your experience with our restaurant Clients.

– Personalize digital marketing campaigns online or via email.

– Communicate with you through email, text, SMS, message via social media platforms, telephone, or any other medium for which we have contact information so that we can provide you with information and updates about your restaurant experience and to make it easier for you to share information about that experience with your social networks.

– Respond to comments and questions and provide technical support and customer support.

– Analyze how you and other Customers use the Site and/or Solution using tools like Google Analytics, Mixpanel and other tools to help us understand traffic patterns and know if there are problems with the Site and/or Solution.

– Create targeted advertising to promote our restaurant Clients.

– Protect, investigate, and deter against fraudulent, unauthorized, or illegal activity.

– Link or combine user information with other Personal Information.

– Compare information for accuracy, update our records, and verify it with third parties.

We do not rent, sell, or share your Personal Information with other people or non-affiliated third parties except with your consent or as necessary to complete any transaction or provide the Solution or any specific service you have requested or authorized. We currently do not share personal data with third parties for their direct marketing purposes without your consent.

To help us do our work, we may provide limited access to some of your Personal Information to the following third parties:

– Collaborating Organizations: Sometimes we collaborate closely with other groups to further our mission. In these cases, we may share your name, contact information and other details you provided when making an account with our partners.

– Service Providers: We work with a wide range of third party providers, notably our database administrators, cloud computing services, advertising services, data analysts, application service providers, bulk SMS services, and other non-governmental organizations. We do not authorize them to use or disclose your Personal Information except in connection with providing their services.

– Payment processors:We work with payment processors such as PayPal, Worldpay, and Stripe to help process credit card transactions and other payment methods made through the Site and Solution. These payment processors will store certain information about you. Please refer to their privacy policies to learn more about how they use your Personal Information.

We may also transfer your Personal Information to a third party as a result of a merger, acquisition, reorganization or similar transaction; when required by law or to respond to legal process; to protect our customers; to protect lives; to maintain the security of the Site and/or Solution; and to protect Wisely's rights or property. In such event, and to the extent legally permitted, we will notify you and, if there are material changes in relation to the processing of your Personal Information, give you an opportunity to consent to such changes.We will also share Personal Information with companies, organizations or individuals outside of Wisely if we have a good-faith belief that access, use, preservation, or disclosure of your Personal Information is reasonably necessary to (1) detect or protect against fraud or security issues, to enforce the Agreement, (2) meet any enforceable government request, (3) defend against legal claims, or protect against harm our legal rights or safety, or that of our staff and/or users.

We, or third parties we do business with, may use certain technologies to automatically collect log files and other information about your usage of, and the devices you use to access, the Site and the Solution ("Tracking Technologies"). For example, we may use Tracking Technologies like cookies, log files, web beacons, session replay scripts, or similar technologies to help us analyze our web page flow, customize our services, content and advertising, measure promotional effectiveness and promote trust and safety.

You may delete and block all cookies from our Site and/or Solution, but parts of the Site and/or Solution will not work. We want to be open about our cookie use.

Even if you are only browsing the Site and/or Solution, certain information (including computer and connection information, browser type and version, operating system and platform details, and the time of accessing the Site and/or Solution) is automatically collected about you. This information will be collected every time you access the Site and/or Solution and it will be used for the purposes outlined in this Privacy Policy.

You can reduce the information cookies collected from your device.  An easy way of doing this is often to change the settings in your browser. If you do that you should know that (a) your use of the Site and/or Solution may be adversely affected (and possibly entirely prevented), (b) your experience of this and other sites that use cookies to enhance or personalize your experience may be adversely affected, and (c) you may not be presented with advertising that reflects the way that you use our and other sites. You find out how to make these changes to your browser at this site: www.allaboutcookies.org/manage-cookies/.  Unless you have adjusted your browser settings so that it will refuse cookies, our system will send cookies as soon as you visit our Site and/or access our Solution.  By using the Site and/or Solution you consent to this, unless you change your browser settings.

Web beacons may be used to track the traffic patterns of users from one page to another in order to maximize web traffic flow. Our third-party advertising service providers may also use web beacons to recognize you when you visit the Site or access the Solution and to help determine how you found the Site and/or Solution. If you would like more information about this and to know your choices about not having this information used by these companies, please visit: the Digital Advertising Alliance’s website, http://www.aboutads.info/, or the Network Advertising Initiative’s website, http://networkadvertising.org/consumer/opt_out.asp.

We take reasonable steps to protect your Personal Information against unauthorized access, alteration, disclosure, misuse, or destruction. Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure.  The safety and security of your Personal Information also depends on you. If you create an account with our restaurant Clients, are solely responsible for keeping your account details confidential, including any access credentials like passwords or mobile device PINs.

You have certain rights with respect to the storage, use, and sharing of Personal Information that is submitted to us by our restaurant Clients, which are listed below. If you wish to exercise any of your rights with respect to your Personal Information, please contact the applicable restaurant Client directly. If you contact us, we will use commercially reasonable efforts to work with the applicable restaurant Client to respond to your request.

– Changing, Correcting, or Deleting Your Personal Information. All users may review, update, correct or delete the Personal Information furnished by a user, and/or other content uploaded by the user, to a restaurant Client.

– Downloading or Accessing Your Personal Information. You may obtain a copy of your Personal Information, as well as information about its processing.

– Withdrawing Consent (Opting Out). Where processing Personal Information is based on your consent, you have a right to withdraw consent at any time for future processing.

– Lodging Complaints. You have a right to lodge a complaint with a data protection authority. Additionally, you may file a Privacy Shield complaint through our dispute resolution provider, JAMS, at https://www.jamsadr.com/eu-us-privacy-shield

We may provide links to other websites through our restaurant Clients. We have no control over these websites and they are subject to their own terms of use and privacy policies. As such, we do not endorse and are not responsible for the availability of, or for any content, advertising, products, or other materials on or available from, these third party websites.

By using the Site and Solution, you agree that we will not be liable for any damage or loss caused by your use of or reliance on any content, advertising, products, or other materials on or available from these third party websites.

Your browser settings may allow you to automatically transmit a Do Not Track signal to websites and other online services you visit. We do not alter our practices when we receive a Do Not Track signal from a visitor’s browser because we do not track our visitors to provide targeted advertising. To find out more about Do Not Track, please visit http://www.allaboutdnt.com.

The Solution is not directed to individuals who are under age of sixteen (16) and we do not solicit nor knowingly collect Personal Information from children under the age of sixteen (16). If you believe that we have unknowingly collected any Personal Information from someone under the age of sixteen (16), please contact us immediately at privacy@getwisely.com and the information will be deleted.

If you own a copyright or have authority to act on behalf of a copyright owner and want to report a claim that a third party is infringing that material on or through our Site and/or Solution, please send a notice to our copyright agent that includes all of the items below and we will expeditiously take appropriate action. Our designated copyright agent to receive such claims can be reached at privacy@getwisely.com. This process does not limit our ability to pursue any other remedies we may have to address suspected infringement.

1. A description of the copyrighted work that you claim is being infringed;
2. A description of the material you claim is infringing and that you want removed or access to which you want disabled and the URL or other location of that material;
3. Your address, telephone number, and email address;
4. The following statement: “I have a good faith belief that the use of the copyrighted material I am complaining of is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)”;
5. The following statement: “The information in this notice is accurate and, under penalty of perjury, I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right that is allegedly infringed”; and
6. An electronic or physical signature of the owner of the copyright or a person authorized to act on the owner's behalf.

Wisely complies with the EU-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union to the United States. Wisely has certified to the Department of Commerce that it adheres to the Privacy Shield Principles. If there is any conflict between the terms in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov

With respect to personal data received or transferred pursuant to the Privacy Shield Frameworks, we are subject to the regulatory enforcement powers of the U.S. Federal Trade Commission.

If your Privacy Shield complaint cannot be resolved through the above channels, under certain conditions, you may invoke binding arbitration for some residual claims not resolved by other redress mechanisms. See Privacy Shield Annex 1 at: https://www.privacyshield.gov/article?id=ANNEX-I-introduction

By using the Website or the Apps, Data Subjects acknowledge that monetary damages may not be a sufficient remedy for unauthorized disclosure of personal information, including personally identifiable information, and that there is significant potential liability in cases of onward transfers of personal data (including personally identifiable information) and Customer data to third parties. Thus, Data Subjects hereby acknowledge that we shall be entitled, without waiving any other rights or remedies, to seek such injunctive or equitable relief as may be deemed proper by a court of competent jurisdiction. Wisely has liability for onward transfers to third parties unless we can prove we were not a party to the events giving rise to the damages.

If you are a California resident, you have the right to request information from us regarding the manner in which we share certain categories of your Personal Information with third parties for the third parties’ direct marketing purposes. California law provides that you have the right to submit a request to us at our designated address and receive the following information: (a) the categories of information we disclosed to third parties for the third parties’ direct marketing purposes during the preceding calendar year; and (b) the names and addresses of third parties that received such information, or if the nature of their business cannot be determined from the name, then examples of the products or services marketed. You are entitled to receive a copy of this information in a standardized format and the information will not be specific to you individually.  To make such a request, please use the contact information below.

Wisely is based in the United States. The Site and Solution are controlled and operated by us from the United States and are not intended to subject us to the laws or jurisdiction of any state, country or territory other than that of the United States. Your Personal Information may be collected, transferred to, stored and otherwise processed in any country where we have facilities or in which we engage service providers, and by using the Site and/or Solution you consent to the transfer of information to countries outside of your country of residence, including the United States, which may have data protection rules that are different from those of your country.

We will ensure that transfers of Personal Information are provided an adequate level of protection as required by law, such as by entering into appropriate contractual arrangements (such as, where applicable, the standard contractual clauses for the transfer of data as approved by the European Commission), by complying with or relying on EU-U.S. Privacy Shield Framework certifications, or by asking for your prior consent.

If you have any questions about this Privacy Policy, your Personal Information, or the Site and/or Solution, you can contact privacy@getwisely.com.

Please contact us if you have any complaints or concerns with respect to your privacy. If you believe we are unable to assist you, you have the right to lodge a complaint with a supervisory authority in the relevant jurisdiction. However, we are committed to working with you to resolve any complaint or concern you may have with respect to your privacy.