Privacy Policy Ordering

PRIVACY POLICY FOR USERS INTERACTING WITH MERCHANTS VIA OLO SERVICES

Last Updated: July 20, 2022

Introduction

Olo Inc. (“Olo”, “we”, “us”, or “our”) provides technologies, products, and services (collectively, “Services”) used by the merchant whose branding is displayed on the website, application, or storefront with which you are interacting (the “Merchant”).

If you do not have an Olo Account (defined below), this Privacy Policy applies to you, and describes Olo’s policies and practices regarding the collection, use and disclosure of your personal information in connection with your use of the Services. In this case, Olo provides the Services solely as a service provider and data processor, and only uses the personal information collected at the direction of the Merchant. This Privacy Policy does not apply to any websites, applications or other online services that do not link to this policy, including other services provided by the Merchant; nor does this Privacy Policy apply to the Merchant’s subsequent use of information collected through the Services. Please visit the Merchant’s privacy policy to learn about how they use your personal information.

If you have an Olo account that allows you to save and access your on-file payment information to securely speed through checkout with any participating merchants (an “Olo Account”), this Privacy Policy does not apply to you, and Olo may use your personal information for its own purposes as described in the Olo Privacy Policy for Olo Account Holders.

If you are an individual with whom Olo engages in your capacity as a representative of businesses that may use the Services or provide services to Olo, or if you are a visitor to our website (www.olo.com), please click here to view the applicable privacy policy.

Our Services are only intended for and available to individuals in the United States and Canada. We provide additional information for residents of California below.

Personal information we collect

Olo collects information from you in various ways when you access or use the Services. This information may include:

Information you provide to us. Personal information you provide to us through the Services may include:

  • Contact and account information that you provide, such as your first and last name, email address, home address, and phone number.
  • Account credentials, such as security information that we use for authentication and account access.
  • Payment information you provide to complete your orders on or through the Services. This may include your payment card number, bank account number, and billing address. Payments may be processed by payment service providers, including Stripe. Olo does not store your payment information on our servers, but stores a secure “token” that helps facilitate a secure payment transaction with the Merchant. The information you provide to the payment service providers in connection with purchases may be handled in accordance with their own terms of service and privacy policies.
  • Reservation, order, and delivery information, including menu items and other details about the orders you place, your delivery address, handoff mode and details (such as your car model and license plate to identify your vehicle for pickup), and your order history.
  • Order preferences, such as your store locations, favorite menu items, dietary restrictions, nutritional habits, and food preferences.
  • Precise location information that you choose to share with us via your mobile device settings, using GPS, WiFi, wireless network triangulation or other methods. For example, such information may be used to locate those locations of the Merchant that are near you or when you “check in” via the Services.
  • Feedback or correspondence, such as information you provide when you contact Olo or the Merchant in connection with the Services with questions, feedback, product reviews, or otherwise correspond.
  • Publicly available information included in your social media accounts, such as your social media account IDs and usernames.
  • Usage information, such as information about how you use the Services and interact with us or the Merchant, including information associated with any content you upload to the Services or otherwise submit, and information you provide when you use any interactive features of the Services.
  • Marketing information, such as your preferences for receiving communications about the Merchant’s activities, events, and publications, and details about how you engage with such communications.
  • Other information which is not specifically listed here that you may provide voluntarily or that is necessary to complete your transactions. This may include any information requested by the Merchant if you contact the Merchant regarding support for the Services, but which will be used in accordance with this Privacy Policy or as otherwise disclosed at the time of collection.

Information we obtain from third parties:

  • The Merchant. We may receive information from the Merchant, including (1) your reservation information, (2) order details and other transaction information, (3) feedback, reviews, survey results, or other correspondence, (4) information you voluntarily submit to the Merchant, including your profession, gender, date of birth, or profile picture, and (5) information you share with the Merchant via your social media accounts.
  • Social media information. The Merchant may maintain pages on social media platforms, such as Facebook, LinkedIn, Instagram, and other third-party platforms. When you visit or interact with these pages on those platforms, the platform providers’ privacy policies will apply to your interactions and their collection, use and processing of your personal information. You or the platforms may provide us (on behalf of the Merchant) with information through the platform, and we will treat such information in accordance with this Privacy Policy.
  • Third-party login information. When you link, connect, or login to the Services with a third party service (e.g., Google, Facebook, or Apple), you may direct the service to send us (on behalf of the Merchant) information such as your registration, friends list, and profile information as controlled by that service or as authorized by you via your privacy settings with that service.
  • Other Sources. We may obtain your personal information from other third parties, such as third party analytics services, the Merchant’s marketing partners, publicly-available sources and data providers.

Automatic data collection. We, our service providers, and the Merchant’s advertising partners or service providers may automatically log information about you, your computer or mobile device, and your interaction over time with our Services, our communications and other online services, such as:

  • Device data, such as your computer’s or mobile device’s operating system type and version, manufacturer and model, browser type, screen resolution, RAM and disk size, CPU usage, device type (e.g., phone, tablet), IP address, unique identifiers (including identifiers used for advertising purposes), language settings, mobile device carrier, radio/network information (e.g., WiFi, LTE, 4G), and general location information such as city, state or geographic area.
  • Online activity data, such as pages or screens you viewed, how long you spent on a page or screen, browsing history, navigation paths between pages or screens, information about your activity on a page or screen, access times, and duration of access, and whether you have opened our marketing emails or clicked links within them.

We use the following tools for automatic data collection:

  • Cookies, which are text files that websites store on a visitor‘s device to uniquely identify the visitor’s browser or to store information or settings in the browser for the purpose of helping you navigate between pages efficiently, remembering your preferences, enabling functionality, helping us understand user activity and patterns, and facilitating online advertising.
  • Local storage technologies, like HTML5, that provide cookie-equivalent functionality but can store larger amounts of data, including on your device outside of your browser in connection with specific applications.
  • Web beacons, also known as pixel tags or clear GIFs, which are used to demonstrate that a webpage or email was accessed or opened, or that certain content was viewed or clicked.

How we use your personal information

To operate our Services:

  • Provide, operate, maintain, secure and improve our Services. For example we may:
    • Enable you to create an account or otherwise use our Services.
    • Facilitate orders and payment transactions initiated by you, and have those orders delivered to you.
    • Personalize your experience with our merchant customers and their communications with you (including for marketing purposes).
    • Consolidate and combine information we collect via your interaction with our Services in connection with providing you with personalized experiences.
    • Facilitate communications between you and the Merchant, including via email, text, SMS, social media platform messages, telephone, or any other medium for which you have provided contact information to the Merchant. Such communications may include feedback, technical and customer support, marketing communications, and information and updates about your experience and information sharing with your social networks.
    • Conduct analytics and provide reporting.
    • Use and disclose data as directed by the Merchant and enable them to run their business.
  • Understand your needs and interests, and personalize your experience with our Services and Merchant communications.
  • Provide support for our Services, and respond to your requests, questions and feedback.
  • Communicate with you about our Services, including by sending you announcements, updates, security alerts, and support and administrative messages.

Research and development. Generally, we use the information we collect to identify issues, better tailor our Services, and to test and evaluate, improve, develop, and add on to our Services. For example, we may analyze your usage information and data from your interaction with our Services using tools such as Google Analytics and Mixpanel to help us understand traffic patterns, trends, and potential issues with our Services. We may also create aggregated, de-identified or other anonymous data from personal information we collect. We may use this anonymous data and share it with third parties for our lawful business purposes, including to analyze and improve our services, and promote our business.

Interest-based advertising. The Merchant may engage advertising partners, including third party advertising companies and social media companies, to display ads around the web. These companies may use cookies and similar technologies to collect information about your interaction (including the data described in the “Automatic data collection” section above) over time across our Services, communications and other online services, and use that information to serve online ads that they think will interest you. This is called interest-based advertising. The Merchant may also share information about its users with these companies to facilitate interest-based advertising to those or similar users on other online platforms. We will facilitate such activities as directed by the Merchant. You can learn more about your choices for limiting interest-based advertising in the “Online tracking opt-out” section below.

Compliance and protection. We may use your personal information to:

  • Comply with applicable laws, lawful requests, and legal process, such as to respond to subpoenas or requests from government authorities.
  • Protect our, your or others’ rights, privacy, safety or property (including by making and defending legal claims).
  • Audit our internal processes for compliance with legal and contractual requirements and internal policies.
  • Enforce the terms and conditions that govern our website and our services.
  • Prevent, identify, investigate and deter fraudulent, harmful, unauthorized, unethical or illegal activity, including cyberattacks and identity theft.

How we share your personal information

We may share your personal information as described below and as described elsewhere in this Privacy Policy. We may share your personal information with:

Entities as directed by you and/or the Merchant,

  • The Merchant, including to fulfill your order and facilitate your transactions with them.
  • Business partners. Third parties that participate in the food delivery ecosystem, such as order aggregators, payment processors, technology companies, or delivery providers, to facilitate the fulfillment of the orders you place. These partners include, but not limited to, PayPal, Worldpay, Caviar, DeliverClub, DoorDash, EatStreet, LevelUp, Postmates, UberEats, and Zifty. 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 these third-party partners. Please visit the partners’ privacy policies for more information about their privacy practices.
  • Social Networking Sites (“SNS”). Our 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 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.
  • Other third parties as directed by the Merchant, including the Merchant’s advertising partners, analytics services, data providers, service providers, and other third parties.

Service providers. Companies and individuals that provide services on our behalf or help us operate our services or our business (such as hosting, information technology, payment processing, customer support, email delivery, and website analytics services).

Affiliates. Our corporate affiliates, for purposes consistent with this Privacy Policy.

Authorities and others. Law enforcement, government authorities, and private parties, as we believe in good faith to be necessary or appropriate for the compliance and protection purposes described above.

Business transfers. Acquirers and other relevant participants in business transactions (or negotiations for such transactions) involving a corporate divestiture, merger, consolidation, acquisition, reorganization, sale or other disposition of all or any portion of the business or assets of, or equity interests in, Olo or our affiliates (including, in connection with a bankruptcy or similar proceedings).

Your rights and choices

In this section, we describe the rights and choices available to all users. Users who are located in California can find additional information about their rights below.

Access or update your information. You may review and update certain personal information in your account profile by logging into your account with the Merchant.

Delete your account with the Merchant. You can delete your account in your account settings by logging into the account. If you request that the Merchant delete your account, we will delete your account and you will no longer be able to log into or use that account. However, Olo may maintain a copy of your information on our servers for record retention and risk management purposes.

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 applicable Merchant. 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.

Opt out of location tracking. If you initially consented to the collection of precise location information through our Services, you can 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 our collection of precise location information, you may no longer be able to use some features of the Services.

Opt out of marketing communications. If you have signed up to receive marketing communications from the Merchant, you may opt out of marketing-related email communications by following the opt out or unsubscribe instructions contained in the marketing communications we send you on behalf of the Merchant.

Online tracking opt-out. There are a number of ways to opt out of having your online activity and device data collected through our Services, which we have summarized below:

  • Blocking cookies in your browser. Most browsers let you remove or reject cookies, including cookies used for interest-based advertising. To do this, follow the instructions in your browser settings. Many browsers accept cookies by default until you change your settings. For more information about cookies, including how to see what cookies have been set on your device and how to manage and delete them, visit www.allaboutcookies.org.
  • Blocking advertising ID use in your mobile settings. Your mobile device settings may provide functionality to limit use of the advertising ID associated with your mobile device for interest-based advertising purposes.
  • Using privacy plug-ins or browsers. You can block our Services from setting cookies used for third party analytics or interest-based ads by using a browser with privacy features, like Brave, or installing browser plugins like Privacy Badger, DuckDuckGo, Ghostery or uBlock Origin, and configuring them to block third party cookies/trackers. For more information about Google Analytics or to prevent the storage and processing of this data (including your IP address) by Google, you can download and install the browser-plug in available at the following link: https://tools.google.com/dlpage/gaoptout?hl=en.

Note that because these opt-out mechanisms are specific to the device or browser on which they are exercised, you will need to opt out on every browser and device that you use.

Do Not Track. Some Internet browsers may be configured to send “Do Not Track” signals to the online services that you visit. We currently do not respond to “Do Not Track” or similar signals. To find out more about “Do Not Track,” please visit http://www.allaboutdnt.com.

Other sites, mobile applications and services

Our Services may contain links to websites and other online services operated by third parties. In addition, our content may be integrated into web pages or other online services that are not associated with us. These links and integrations are not an endorsement of, or representation that we are affiliated with, any third party. We do not control websites or online services operated by third parties, and we are not responsible for their actions.

Security

We have implemented reasonable administrative, technical and physical measures in an effort to safeguard the personal information in our custody and control against theft, loss and unauthorized access, use, modification and disclosure. We restrict access to personal information on a need-to-know basis to employees and authorized service providers who require access to fulfill their job requirements. However, no security measures are failsafe and we cannot guarantee the security of your personal information.

Children

Our Services are not intended for use by children under 13 years of age. If we learn that we have collected personal information through the Services from a child under 13 without the consent of the child’s parent or guardian as required by law, we will delete it.

Changes to this Privacy Policy

We reserve the right to modify this Privacy Policy at any time. If we make material changes to this Privacy Policy, we will notify you by updating the date of this Privacy Policy and posting it on the website.

How to contact us

You can reach us by email at privacy@olo.com or at the following mailing address:

Olo Inc.

One World Trade Center, 82nd Floor

New York, NY 10007 USA

Additional information for users located in California

We are providing this supplemental privacy notice to California users on behalf of the Merchant, pursuant to the California Consumer Privacy Act of 2018 (“CCPA”). Please note that as a service provider handling personal information on behalf of the Merchant, Olo is not required to provide a CCPA notice. This notice does not apply to individuals with whom Olo engages in the individuals’ capacity as representatives of businesses that may use our Services or provide services to Olo, holders of Olo Accounts, or any user who visits Olo’s website (www.olo.com), which is designed only for businesses and not for individuals’ use in their personal or household capacity.

As set out in this Privacy Policy, we, our service providers and partners use cookies and other tracking technologies to analyze website traffic and facilitate advertising. Please visit the Merchant’s homepage for further details about their privacy practices.

Your California privacy rights. The CCPA grants individuals whose information is governed by the CCPA the following rights:

  • Information. You can request information about how we have collected and used your Personal Information on behalf of the Merchant. We have made this information available to California residents without having to request it by including it in this Privacy Policy.
  • Access. You can request a copy of the Personal Information that we have collected about you on behalf of the Merchant.
  • Deletion. You can ask to delete the Personal Information that we maintain about you on behalf of the Merchant.
  • Opt out of sale of your personal information. As a service provider, Olo does not sell personal information collected through the Services. Please refer to instructions on how to limit online tracking for information on how may opt-out of data collection.

You are entitled to exercise the rights described above free from discrimination.

Please note that the CCPA limits these rights by, for example, prohibiting businesses from providing certain sensitive information in response to an access request and limiting the circumstances in which they must comply with a deletion request.

How users in California can exercise their rights

You may exercise your California privacy rights described above as follows:

  • To request access to or deletion of personal information. Visit the Merchant’s website.
  • Identity verification. CCPA requires verification of the identity of the individual submitting the request. For identity verification requirements, visit the applicable Merchant’s website.
  • Authorized agents. California residents can empower an “authorized agent” to submit requests on their behalf.