PRIVACY POLICY

Mobo Systems, Inc. d/b/a Olo (“Olo”) and the company whose branding is displayed on the website (“Site”) and/or mobile application (“Application”) that links to this Privacy Policy (the “Branded Company”) respect the privacy of Site and Application (collectively, “Services”) users.

This Privacy Policy is intended to inform you of the policies and practices regarding the collection, use and disclosure of any personal information that Olo collects from or about users in connection with the Services. Olo provides the Services to users on behalf of the Branded Company, as a service provider and data processor.

This Privacy Policy does not apply to any websites, mobile applications or other online services that do not link to this policy, including other services provided by the Branded Company. To the extent Olo shares personal information with the Branded Company as this Privacy Policy describes, this Privacy Policy does not apply to the Branded Company‘s subsequent use of that information.

By agreeing to this Privacy Policy, you are also agreeing to the Privacy Policy of the Branded Company, found here, piefivepizza.com/privacy-policy/.

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.
  • Cookies. Like many online services, Olo uses cookies to collect information on the Sites. “Cookies” are small pieces of information that a web site sends to your computer‘s hard drive while you are viewing a web site. Olo may use both session cookies (which expire once you close your web browser) and persistent cookies (which stay on your computer until you delete them) to provide you with a more personal and interactive experience on the Sites. This type of information is collected to make the Services more useful to you and to tailor your experience with the Services to meet your special interests and 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.
  • Third Party Analytics. Olo uses third party service providers to help analyze how users use the Services (“Analytics Companies”). These Analytics Companies use Cookies to collect information such as how often users visit the Site, what pages they visit and what other sites they used prior to coming to the Site. Olo uses the information we get from these Analytics Companies to improve the Services.

(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.
  • share your address and contact information with third-party fulfillment providers, including without limitation, delivery service providers, and the Brand Company or its third-party fulfillment providers may communicate with you (via telephone call, text message, or email) regarding your order.

(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

Olo discloses your personal data as described below and as described elsewhere in this Privacy Policy.

(a) At the Direction of the Branded Company. Olo may share your information with the Branded Company or with third parties at the direction of the Branded Company. For example, when you use the Services to place orders, Olo will transmit your information to the Branded Company location you designate, or to the Branded Company‘s third party services providers or partners, as directed by the Branded Company, to facilitate your order. Other than as described in this Privacy Policy in connection with the Services, this Privacy Policy does not apply to the processing of your information by the Branded Company or third parties with whom Olo shares information at the Branded Company‘s direction.

BECAUSE OLO DOES NOT CONTROL THE PRIVACY PRACTICES OF THE BRANDED COMPANY, YOU SHOULD READ AND UNDERSTAND THE BRANDED COMPANY‘S PRIVACY POLICIES

(b) Third Party Service Providers. Olo may share your personal information with third party service providers that perform services for or on behalf of Olo, for the purposes described in this Privacy Policy, including: to provide you with the Services; to conduct quality assurance testing; to facilitate the creation of Accounts; to optimize the performance of the Services; to provide technical support; and/or to provide other services to Olo.

(c) Affiliates. Olo may share some or all of your personal information with its parent company, subsidiaries, joint ventures, or other companies under common control (“Affiliates”), in which case Olo will require its Affiliates to honor this Privacy Policy.

(d) Corporate Restructuring. Olo may share some or all of your personal information in connection with or during negotiation of any merger, financing, acquisition or dissolution transaction involving the sale, transfer, divestiture, or disclosure of all or a portion of Olo‘s business or assets. In the event of an insolvency, bankruptcy, or receivership, personal information may also be transferred as a business asset. If Olo‘s company, business or assets is acquired by another company, that company will possess the personal information collected by Olo and the company will assume the rights and obligations regarding your personal information as described in this Privacy Policy.

(e) Social Networking Sites (“SNS”). Olo‘s Application and Services may enable you to post content to SNSs (e.g. Facebook and Twitter). If you choose to do this, Olo will provide information to such SNSs in accordance with your elections. You acknowledge and agree that you are solely responsible for your use of those websites and that it is your responsibility to review the terms of use and privacy policy of the third party provider of such SNSs. Olo will not be liable for: (i) the availability or accuracy of such SNSs; (ii) the content, products or services on or availability of such SNSs; or (iii) your use of any such SNSs.

(f) Other Disclosures. Regardless of any choices you make regarding your personal information, Olo may disclose your personal information if Olo believes in good faith that such disclosure is necessary (a) to comply with relevant laws or to respond to subpoenas or warrants served on Olo; (b) to protect and defend the rights or property of Olo, the Branded Company or users of the Services; (c) in connection with a legal investigation; and/or (d) to investigate or assist in preventing any violation or potential violation of the law, this Privacy Policy, or Olo‘s Terms of Use.

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

The Site may contain links to third party websites. When you click on a link to any other website or location, you will leave the Site and go to another site and another entity may collect personal and/or anonymous information from you. Olo‘s provision of a link to any other website or location is for your convenience and does not signify Olo‘s endorsement of such other website or location or its contents. Olo has no control over, does not review, and cannot be responsible for, these outside websites or their content. Please be aware that the terms of this Privacy Policy do not apply to these outside websites.

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 privacy@olo.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.

PRIVACY POLICY UPDATES

This Privacy Policy is subject to occasional revision. Olo will notify you of any material changes in its collection, use, or disclosure of your personal information by posting a notice on the Site and within the Application. Any changes to this Privacy Policy will be effective thirty (30) calendar days following notice of the changes on the Site and within the Application. These changes will be effective immediately for new users of the Services. If you object to any such changes, you must notify Olo prior to the effective date of such changes that you wish to deactivate your Account. Continued use of the Services following notice of any such changes shall indicate your acknowledgement of such changes.

CONTACT OLO

If you have any questions or complaints about this Privacy Policy or Olo‘s data collection or processing practices, or if you want to report any security violations to Olo, please contact Olo by email at: privacy@olo.com; or by mail at:

Olo
One World Trade Center, 82nd Floor
New York, NY 10007 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: 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.

Notice

First, in connection with Olo‘s white label online and mobile ordering platform, the notice explaining Olo‘s privacy practices associated with the Services is provided by Olo‘s Privacy Policy or by the customer‘s own privacy policy, depending on whether the customer chooses to post Olo‘s Privacy Policy or the customer‘s own policy on the customer‘s branded implementation of the ordering platform. Olo requires customers that choose to post their own privacy policy on the platform to ensure that the privacy policy is consistent with Olo‘s Privacy Policy.

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.

Choice

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.

Security

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.

Access

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 privacy@olo.com. 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 privacy@olo.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 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 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.

Required Disclosure

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: privacy@olo.com.