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Privacy Policy for Users of Touchpoint Services

Effective Date: March 18, 2023

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The Privacy Policy describes the information Touchpoint, Inc. and our affiliates (collectively, “Touchpoint,” “we,” “us” or “our”) collect when a person or business (“you” or “your”) accesses or uses in any manner any Touchpoint application, product, service, feature, technology, content, or website including POS (Point of Sale) loyalty, and Mobile Apps for various brands and store locations (collectively, “Services” or the “Subscription Service”); or otherwise contacts or interacts with us.

1.           Scope and Consent.  By using the Services, including through a computer or mobile device (“device”), you accept the terms of this Privacy Policy and consent to our collection, use, disclosure and retention of your information as described herein (including to contact you), and for all other purposes permitted under applicable personal information privacy statutes, anti-spam legislation, and consumer protection laws.

2.           Amendment.  We may amend this Privacy Policy from time to time by posting a revised version and updating the “Last updated” date. The revised version will be effective at the time we post it. We will provide you with reasonable prior notice of substantial changes in how we use your information, including by email at the email address you provide. Touchpoint encourages you to review this Privacy Policy whenever you use our Services to stay informed about our information practices and the choices available to you and to contact us if you have any questions about these changes. Your continued use of our Services constitutes your acceptance of any amendment of this Privacy Policy subject to the restrictions on materially negative modifications detailed herein.

3.           Collection of Information.  Without information about you, we may not be able to provide you with the Services or the support you request. Accordingly, a range of information may be uploaded to or sent through our Services. Our website and Services are not targeted or directed at children under the age of thirteen (13) and do not knowingly collect or store any personal information about children under the age of thirteen (13).

4.           Information You Provide.  We collect information you provide when you purchase or use a Touchpoint product or Services. We collect information you send or upload, including:

×     Identification information, such as your business name, email address, mailing address, phone number, and website; financial information, including bank account and payment card numbers.

×     We collect information you provide when you respond to our surveys or otherwise communicate with us.

5.           Information We Collect from Your Use of our Services.  We collect information about you when you use our Services, including:

×     Transaction Information. When you use our Services to accept payments we collect information about when and where the transactions occur, the names of the transacting parties, a description of the transactions, the transaction line items and prices, the payment amounts and the devices and payment methods used to complete the transactions.

×     Device Information. We collect specific information about your device when you access our Services, including your hardware model, operating system and version, unique device identifier, and information about the device’s interaction with our Services.

×     Contact Information. For some Services, we collect contact information including phone number and email address.  For the duration of our agreement to provide Services to brands, contact will not be shared with brands or store locations without consent which is configurable in relevant account settings.

×     Use Information. We collect information about how you use our Services, including your access time, browser type and language, and Internet Protocol (“IP”) address.

×     Information Collected by Cookies and Web Beacons. We use various technologies to collect information when you use our Services, including sending cookies to your device and using web beacons. Cookies are small data files that are stored on your hard drive or in your device memory when you visit a website or view a message. Among other things, cookies support the integrity of our registration process, retain your preferences and account settings, and help evaluate and compile aggregated statistics about user activity. For more information and to learn how to block or delete cookies used in the Services, please see “Your Choices” below. We also may collect information using web beacons. Web beacons are electronic images that may be used in our Services or emails. We may use web beacons to deliver cookies, track the number of visits to our website, understand usage and campaign effectiveness, and determine whether an email has been opened and acted upon.

6.           Use of Information.  We may use information about you to provide, maintain, and improve our Services, such as:

×     Processing or recording orders and payment transactions;

×     Displaying historical transactions;

×     Making recommendations;

×     Developing new products and Services; and

×     Delivering the information and support you request, including technical notices, security alerts, and support and administrative messages.

We may use information about you to improve, personalize and facilitate your use of our Services. For example, when you sign up for an account powered by Touchpoint, we may associate certain information with your new account, such as information about other accounts you had or currently have with Touchpoint, and prior transactions you made using our Services. We also may use information about you to measure, customize, and enhance our Services, including the design, content, and functionality of our applications and websites, or to track and analyze trends and usage in connection with our Services.

We may use information about you to send you news and information, or to conduct surveys and collect feedback, about our Services and to communicate with you about products and services offered by us and select partners, based on your communication preferences and applicable law. We also may contact you to resolve disputes, collect fees, and help with problems with our Services or your Touchpoint account.

We may use information about you:

×     To protect our rights or property, or the security or integrity of our Services;

×     To enforce the terms of our applicable agreements or policies;

×     To verify your identity;

×     To investigate, detect, and prevent fraud, security breaches, and other potentially prohibited or illegal activities;

×     To comply with any applicable law, regulation, legal process, or governmental request;

×     For any other purpose disclosed to you in connection with our Services.

We may use third-party service providers to, process and store your information in the United States.

7.           Sharing of Information.  We provide Buyers with the ability to receive e-receipts but do not sell Buyer contact information to any third-parties. “Buyer” means a business or individual that purchases products or services, or otherwise or otherwise interacts with Merchants or Brands serviced by us or using our platform or services. Furthermore, we always honor Buyer’s configured data privacy preferences subject to the terms of this Privacy Policy.

We may share information about you as follows:

×     With third parties to provide, maintain, and improve our Services, including service providers who access information about you to perform services on our behalf (e.g., fraud prevention, data enrichment, and identity verification services).

×     If we believe that disclosure is reasonably necessary (a) to comply with any applicable law, regulation, legal process or governmental request (e.g., from tax authorities), (b) to enforce or comply with the terms of our applicable agreements or policies, (c) to protect our rights or property, or the security or integrity of our Services, or (d) to protect us, users of our Services or the public from harm or potentially prohibited or illegal activities; or with your consent.

×     We also may share aggregated information with third parties that does not specifically identify you or any individual user of our Services.

8.           Your Choices Personal Information.  You may access, change, or correct information about you or your preferences by logging into your Touchpoint account at https://c1.tchpt.com/ or emailing a request to us using the contact details below, in which case we may need to verify your identity before granting access or otherwise changing or correcting your information.

9.           Deactivating Your Account.  If you wish to deactivate your Touchpoint account, you may do so by emailing us using the contact details provided below. Touchpoint generally retains information about you only as long as reasonably necessary to provide you the Services. However, even after you deactivate your Touchpoint account, we may retain archived copies of information about you and any transactions or Services in which you may have participated for a period of time that is consistent with applicable law, or as we believe is reasonably necessary to comply with applicable law, regulation, legal process, or governmental request, to prevent fraud, to collect fees owed, to resolve disputes, to address problems with our Services, to maintain consistency or integrity of data to operate Service, to assist with investigations, to enforce our applicable agreements or policies, or to take any other actions consistent with applicable law.

10.       Location Information.  In order to provide certain mobile applications, we may require location information, so if you do not consent to the collection of this information, then you cannot use our corresponding Services. You can stop our collection of location information at any time by changing the preferences on your mobile device. If you do so, some of our mobile applications will no longer function.

11.       Cookies.  We try to make your experience with Touchpoint simple and meaningful. When you access or use the Services, our web server may send a cookie to your device. Certain cookies we use last only for the duration of your web or application session and expire when you close your browser or exit the application. Other cookies are used to remember you when you return to use the Services and, as such, will last longer.

We may use cookies to:

×     Remember that you have visited us or used the Services before. This means we can identify the number of unique visitors we receive, which allows us to make sure we have enough capacity to accommodate all of our users.

×     Customize elements of the layout and/or content of our website or application.

×     Collect anonymous statistical information about how you use the Services (including the length of your web or application session) and the location from which you access the Services, so that we can improve the Services and learn which elements and functions of the Services are most popular with our users.

Some of the cookies used in the Services are set by us, and others are set by third-parties who deliver services on our behalf. Most web and mobile device browsers are set to automatically accept cookies by default. However, you can change your browser settings to prevent automatic acceptance of cookies, or to notify you each time a cookie is set. You also can learn more about cookies by visiting http://www.allaboutcookies.org, which includes additional useful information on cookies and how to block cookies on different types of browsers and mobile devices. Please note, however, that by blocking or deleting cookies used in the Services, you may not be able to take full advantage of the Services.

12.       Do Not Track. Do Not Track (“DNT”) is an optional browser setting that allows you to express your preferences regarding tracking across websites. We currently do not respond to DNT signals. We may continue to collect information in the manner described in this Privacy Policy from web browsers that have enabled DNT signals or similar mechanisms.

13.       Promotional Communications.  You may opt out of receiving promotional messages sent by Touchpoint for the brands we serve by following the instructions in those messages, or updating the preferences in your account profile. If you decide to opt out, we may still send you non-promotional communications, such as e-receipts and messages about your account or our ongoing business relations.

14.       California Privacy Rights.  California law permits residents of California to request certain details about the information we disclose to third-parties for direct marketing purposes. If you are a California resident and would like to request this information, please contact us at the address listed below.

15.       Security.  We take reasonable measures, including administrative, technical, and physical safeguards, to protect your information from loss, theft, misuse, and unauthorized access, disclosure, alteration, and destruction. We hold information about you at our own premises and with the assistance of third-party service providers. We restrict access to personal information to those Touchpoint employees, contractors, and agents who need to know that information in order to transmit, store, or process it, who are subject to contractual confidentiality obligations consistent with this Privacy Policy, and who may be disciplined or terminated if they fail to meet these obligations. Our third-party service providers store and transmit personal information in compliance with this Policy and other appropriate confidentiality and security measures.

Nevertheless, Touchpoint cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. In the event that any information in our possession or under our control is compromised as a result of a security breach, we will take reasonable steps to investigate the situation and, where appropriate, notify those individuals whose information may have been compromised and take other steps in accordance with applicable laws or regulations.

16.       Contact.  Please contact our Privacy Department with any questions or concerns regarding this Privacy Policy at the following address:

×     Touchpoint Restaurant Innovations, Inc.

365 E Avenida De Los Arboles #4 Thousand Oaks, CA 91360  privacy@touchpoint.io