Restaurant Technology Solutions, LLC (“RTS,” “us,” “we,” or “our”) has prepared this Privacy Policy (this “Privacy Policy”) to describe to you or if you represent an entity or other organization, that entity or organization (in either case, “you” or “your”) our privacy practices regarding the personal information that RTS collects, uses, and shares on the Otter restaurant order management application (the “Otter”).
RTS reserves the right, at any time, to modify this Privacy Policy. If revisions are made that change the way we collect, use, or share personal information, we will post those changes in this Privacy Policy. You should review this Privacy Policy periodically so that you keep up to date on our most current policies and practices. We will note the effective date of the latest version of our Privacy Policy at the end of this Privacy Policy.
1. PERSONAL INFORMATION WE COLLECT.
- “Personal information” is defined as any information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular individual or household. Personal information does not include anonymous, de-identified, or non-personal information (i.e., information that cannot reasonably be associated with or traced back to a specific individual or household). We collect the following types of personal information:
- Personal Information You Provide to Us. When using Otter, you may provide us personal information directly, such as creating an account or username and password, filling out a form, reaching out for assistance, and generally using the Otter platform. This personal information may include your name, business name, email and physical address, telephone number, profile, activity and performance information, payment information, and when necessary, government ID or other tax related information.
- Personal Information from Your Online Delivery Platforms. Otter, among other things, provides a comprehensive data analytics platform and a hub to consolidate online orders from various online delivery providers. By your choice of linking online delivery service providers to Otter, we will receive certain personal information related to your customer and their order. This personal information may include your customer’s name, email, phone number, address, order information, order amount, and device ID. In addition, we may also receive delivery related personal information such as the delivery agent’s name, contact information, and profile information.
- What We Get From Other Third Parties, Affiliates, and Subsidiaries. In certain circumstances, we may collect personal information from certain third party partners, affiliates, and subsidiaries. This information includes your name, business name, email, physical address, and telephone number.
- What We Automatically Collect from You. We may automatically collect the following information from you when you use Otter:
- General System Information. Through your use of Otter, we may collect certain hardware and software information from you and your device such as your device id, device type, network information, timezone, operating system version, order printing information related information, device id location, IP address, and other general system information.
- Cookies. "Cookies" are small bits of information Otter may place on your device. Cookies remember information about your activities to make your visits more enjoyable and valuable to you by providing a customized experience and recognizing your preferences when you use Otter. If you have chosen to disable cookies on your browser, some of the functionality of Otter may be lost. Certain services provided by us require that cookies be enabled in your browser and cannot be used when you have disabled cookies in your browser.
- Flash Cookies (also called Local Shared Objects). Flash Cookies are data files similar to Cookies, except that they can store more complex data. Flash Cookies are used to remember settings, preferences and usage, particularly for video, and other similar services.
- Web Beacons or Clear Pixels. Web beacons are small graphic images on a web page or in an email that can be used for such things as recording the pages and advertisements that you select.
- Web Server Logs. Web server logs are records of activity created by the device that delivers the webpage you request to Otter. For example, a web server log may record the search term you entered or the link you clicked to bring you to the webpage. The web server log also may record information about your browser, such as your IP address and the Cookies set on your browser by the server.
2. USE OF PERSONAL INFORMATION.
- RTS’s primary purpose in collecting personal information is to facilitate and provide the services that you have selected to receive. Among other things, these services may include the consolidation of order data across online ordering service providers and/or other data analytics services that may help you operate your business. RTS may also use personal information for the following purposes:
- to operate, evaluate, and improve Otter, our business, and our affiliates’ business (including developing new products and services, enhancing, improving and analyzing our products and services, managing our communications, and performing accounting, auditing and other internal functions);
- to provide maintenance, support, and customer service for Otter;
- to send you promotional materials, newsletters and other communications;
- to maintain and develop a relationship with you;
- to protect against, identify and prevent fraud and other unlawful activity; and
- to comply with and enforce applicable legal requirements or to protect our interest or the interest of other third parties.
3. SHARING OF PERSONAL INFORMATION.
- RTS Affiliates. We may share personal information with our affiliates and subsidiaries, including companies that we own or control, that own or control us, or that are under common ownership or control with us, regardless of whether these companies share our same name.
- Service Providers. We may transfer your personal information to our service providers to conduct our business. For example, they may handle identity verification, various IT services, data management, email distribution, and/or information analysis. We may also share your personal information to administer features of Otter.
- Advertisers. We may share personal information with our third party advertisers. Our advertisers may use your information to display advertisements to you through Otter and advertisements for us on third party websites.
- Law Enforcement. We may share personal information with law enforcement agencies if we reasonably believe unlawful activities have occurred or the personal information may aid in an ongoing investigation. We may also share personal information with law enforcement if we determine, in our sole judgment, that you have violated our agreements or policies or that the release of your personal information may protect the rights, property, interests, or safety of RTS or any third party.
- Legal Processes. We may share personal information as required by, or permitted by, law, whether in response to subpoenas, court orders, other legal processes, or as we believe is necessary to exercise our legal rights, including defending against legal claims that have been or might be brought against us.
- Business Transfers. Your personal information may be transferred to a third party as a part of our business assets in a sale, merger, reorganization or other transaction involving part or all of RTS. If this should happen, we will provide notice to you.
4. OTHER WEBSITES.
This Privacy Policy does not apply to websites or applications offered by other organizations or individuals that may be displayed as content on Otter, including any online food delivery service providers. RTS encourages you to read the Privacy Policy of any third party website or applications before transmitting personal information.
5. ADDITIONAL TERMS.
- Some web browsers and devices permit you to broadcast a preference that you not be “tracked” online. At this time, RTS does not modify your experience based upon whether such a signal is broadcast.
- your use of Otter, and any disputes arising from them, is subject to this Privacy Policy as well as our Terms and Conditions. Please visit our Terms and Conditions which explains other terms governing the use of our Otter.
- Otter is not directed to children under the age of 13 and we do not knowingly collect personal information from children under the age of 13.
6. COMMUNICATIONS.
If you have any additional questions or concerns about our Privacy Policy or any other privacy or security issue, please contact us at:
Restaurant Technology Solutions, LLC
Attn: Legal & Compliance
777 S Figueroa St, Ste 4100
Los Angeles, CA 90017
hello@tryotter.com
7. NOTICE TO CALIFORNIA RESIDENTS.
- Under California Civil Code sections 1798.83-1798.84, California residents who have an established business relationship with RTS are entitled to ask us for a notice describing what categories of personal information we share with third parties for their direct marketing purposes. This notice will identify the categories of information shared with third parties and will include a list of the third parties with which it is shared, along with their names and addresses. If you are a California resident and would like a copy of this notice, please submit a written request to us at the addresses listed below.
In the course of your use of Otter, we may collect personal information. We have collected the following categories of personal information within the last twelve (12) months:
- Identifiers – Such as your contact information provided when you use Otter.
- Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)) – Such as payment information needed to process payments for the use of Otter.
- Commercial Information – Such as various sales and order records on Otter.
- Internet or other similar network activity – Such as the information we automatically collect and your general interaction with Otter.
- Geolocation Data – Such as IP address, web cookies, or device location ID.
- Inferences drawn from other personal information – Such analytics information inferred based on various sales and order records processed through Otter.
Please visit the Personal Information We Collect section of the Privacy Policy, for more information on what personal information we collect. We do not sell information to third parties, as we understand the terms based on the California Consumer Privacy Act and its regulations.
If RTS needs, or is required, to contact you concerning any event that involves information about you, we may do so by email, telephone, or mail.
- Under California Civil Code sections 1798.83-1798.84, California residents who have an established business relationship with RTS are entitled to ask us for a notice describing what categories of personal information we share with third parties for their direct marketing purposes. This notice will identify the categories of information shared with third parties and will include a list of the third parties with which it is shared, along with their names and addresses. If you are a California resident and would like a copy of this notice, please submit a written request to us at the addresses listed below.