Foodstick Privacy Statement

Effective Date: April 1, 2022

  1. Introduction

    Welcome! Protecting your Personal Data is very important to us at Foodstick. This Privacy Statement explains how Foodstick and its subsidiaries and affiliates (collectively, "Foodstick," "we," "us," and/or "our") gather and manage your personal information (i.e., any information that belongs to an identified or identifiable individual) as part of our Services (defined below). The following are the main topics covered in this statement:

    Merchants: Businesses that have expressed an interest in using the Services or have engaged with Foodstick to supply them in their restaurants

    Merchant Employees: Individuals that work for our Merchants who use the Services

    Guests: Individuals who utilize the Services in one of our Merchant's restaurants or through the Foodstick Platform directly.

    This Statement also applies to persons who visit our websites, including https://foodstick.online (collectively referred to as "Websites"), and our third-party business partners.

    Please keep in mind that our Merchants are separate entities with their own business practices and rules separate from their relationship with Foodstick and use of the Services. As a result, unless otherwise stated in this Statement, we are not responsible for our Merchants' privacy policies or data practices, which may be independent of our own. If you work for a Merchant, your employer is responsible for providing you with any other required disclosures or information about its privacy practices that are not covered by this Statement.

    You understand that by using the Services and/or giving us your personal information, your personal information will be processed and used in accordance with this Privacy Statement. In accordance with the "Updates to this Privacy Statement" section below, we may change this Statement from time to time. Your continuing use of the Services and Websites, to the extent permitted by law, signifies your acceptance of those revisions and the revised Statement.

  2. Definitions: 

    You should be familiar with the following words that we use throughout this Privacy Statement:

    • "Foodstick Restaurant Management" refers to a module included as part of the Services for Merchant Employees that covers a number of HR-related services, such as payroll, benefits administration, scheduling, and application tracking.

    • "Services" refers to the services and products (software) that we develop or administer on a regular basis, such as

      • Our main app-based POS (point-of-sale) system

      • Services for payment processing

      • APIs (application programming interfaces) are interfaces that allow programs to communicate with each other

      • Modules like loyalty, marketing, delivery, and Foodstick Payroll and Team Management are available as part of our POS system

      • Online ordering, pickup and delivery, contactless order and pay at the table functionality, gift cards, and our mobile application are examples of our digital ordering options (s)

      • Digital Ordering Accounts ("Digital Ordering Account(s)") are accounts created using our digital ordering services

      • Other mobile application(s) produced as part of the Services, such as our merchant and merchant’s employee mobile apps (e.g., the Foodstick Manager mobile application)

      • Appstick's business partners, including, but not limited to, banks and other financial institutions, provide financial services

    • A Merchant, a Merchant Employee, a Guest, a visitor to one of our Websites, or any covered data subject is referred to as "you" or "your."

  3. Personal Information We Collect:

    The nature of your connection with the Services and our Websites will determine what personal information we collect. While some information is gathered automatically or from sources other than Foodstick, the majority is gathered when you use our Services or visit our Websites. The following sections provide a breakdown of the collection.

    Personal information collected through the Services

    • Merchants

      If you are a Merchant, we will collect personal information from you in connection with your service agreement and use (or prospective use) of the Services, including, as applicable,

      1. your name;

      2. address;

      3. mail;

      4. date of birth; and

      5. phone number.

      We will also collect additional information as part of our application process and agreement to provide the Services, such as your tax identification number, national identification number (in the case of payment gateway integration provided by our payment partners or when we collect payment from our merchant), and banking and payment card information.

      If you are a business partner wishing to integrate with Appstick, we will also gather information from you as part of your application to integrate with our Services, such as your name and contact information.

    • Merchant Employees

      We acquire personal information regarding Merchant Employees through their use of the Services. This includes the following:

      1. your name;

      2. email;

      3. phone number;

      4. employee identification number;

      5. address;

      6. date of birth; and

      7. information about your job, such as your title, wage rates, and salary, as well as the number of hours you worked.

      Please keep in mind that the amount of personal information collected will vary depending on which services you or your organization have chosen to use. For more information, please contact your employer.

    • Guests

      We collect information from you when you use the Services (as provided and developed by us from time to time), which includes creating a Digital Ordering Account, using our online ordering features and mobile application(s), and using other related products like pickup, delivery, and order and pay at the table services. When you place an order with, make a purchase from (including gift cards), or otherwise complete a transaction with our Merchants, or participate in their respective loyalty programs, we may collect and/or receive your personal information.

      Personal information gathered may include: Depending on whatever Service you utilized, personal information collected may include:

      1. your name;

      2. contact details such as your phone number and email;

      3. your address and other general location details;

      4. information about your payment card, including the brand, card number, security code, and expiration date;

      5. information and specifics about the transaction (e.g., history of services ordered, date, payment method, and payment amount);

      6. your date of birth (if you choose to provide it);

      7. details about your account and profile, such as your username and password;

      8. information about your points balance and redemptions if you are a member of a Merchant's loyalty program; and

      9. your comments about your visit to one of our Merchants' establishments (if you choose to provide it).

      The exact personal information gathered will vary based on the Services being utilized in each circumstance.

      Personal information collected through our Websites
      We may collect personal information when you visit our Websites and request information about our Services, download a white paper, schedule a product demo, or subscribe to our media channels, in addition to when you use the Services. The following types of personal information may be collected:

      1. your name;

      2. contact details such as your phone number and email;

      When you visit our Websites, some information may be collected automatically. Please see the section of this Statement labeled "Information collected automatically." for further information.

      Personal information collected from other sources
      We may collect personal information about you from third parties such as our business partners, data providers, identity verification services, credit bureaus (if applicable), banks and other financial institutions, and credit card companies, depending on whether you are a Merchant, a Merchant Employee, a Guest, or a visitor to one of our Websites. We may also collect publically available information from you. If you communicate with us through various social media outlets, for example.

      Information collected automatically
      When you visit our Websites, use our mobile application(s), execute a purchase, or utilize our online services like online ordering, we collect information automatically. Cookies, web beacons, and other similar technologies collect information automatically.
      We may gather geolocation information from your devices depending on the Services you use or the websites you visit. For example, using our mobile application, we may display you what eateries are available in your region (s). GPS, Bluetooth, cellphone, and WiFi technologies may be used to obtain this data. You can disable the usage of these technologies by changing your device or browser settings.

  4. How We Use Personal Information:

    We use personal information to:
    To provide, maintain and support our Services, including

    1. to provide Service-related updates, support, and training;

    2. to assess an individual's fitness for the use of specific Services;

    3. for the purpose of contracting and negotiating;

    4. to use the Services to conduct transactions and payments;

    5. to allow our Merchants and Merchant Employees to access and utilize the Services, including the information you've provided as part of your usage of the Services; and

    6. to provide online services such as identity verification and troubleshooting technical and service difficulties.

    To run our company and for internal operational needs, such as

    1. evaluating the effectiveness of our services;

    2. development of the workforce;

    3. producing and developing analytics for the advantage of our business and our merchants' business;

    4. purposes of research, such as the development of new products;

    5. evaluating the efficiency of services; and

    6. improving our Services and Websites.

    To personalize your experience, including

    1. when using our Services or those of our Merchants, using transactional data and order histories to give suggestions; and

    2. On our Websites, we use analytics and profiling technology to customise your online experience.

    To advertise and market to you, including

    1. sending you marketing information about our existing or new Services that we believe may be of interest to you, either directly or through a third party; and

    2. allowing our Merchants or business partners to market their products and services to you, either directly or through a third party.

    Any communications sent to you as a result of this section must either be permitted by law or have your approval. For more information about opting out of these communications and modifying your preferences, please see the "Your rights and choices" section of this Statement.

    To contact with you or to give you with information you've requested, such as

    1. to send you notifications about your transactions;

    2. providing you with subscription materials such as newsletters, podcasts, and other materials;

    3. providing you with electronic receipts; and

    4. reacting to comments you've made about your experience with one of our products or services, or those of one of our Merchants.

    For legal, compliance, and security reasons, including but not limited to

    1. comply with our legal responsibilities, including any applicable anti-money laundering, know-your-customer, or similar laws;

    2. securing and safeguarding our network and systems;

    3. Fraud and other crimes must be identified and protected;

    4. legal claims to establish, exert, or defend;

    5. fulfill our contractual responsibilities; and

    6. Issues with compliance should be monitored and reported.

  5. How We Share Information:

    As part of providing the Services and for the purposes specified in this Statement, Foodstick may exchange personal information. This includes the following:

    • for the purposes of providing the Services to you, fulfilling your requests, and the other purposes described in this Statement; with our Merchants and Merchants' Employees for the purposes of providing the Services to you, fulfilling your requests, and for the other purposes described in this Statement;

    • in order to provide, maintain, improve, and grow our Services with our business partners (including our integration partners);

    • for the purposes described above, with our parent, subsidiary, or associated firms, and agents (if any);

    • service providers who access information about you to perform services on our behalf or on behalf of our Merchants, such as hosting and information technology services, payment services, identity verification and fraud prevention services, marketing and advertising services, data analytics and personalization services, and customer support services, with third parties to provide, maintain, and improve our Services, including service providers who access information about you to perform services on our behalf or on behalf of our Merchants, such as hosting and information technology services, payment services, identity verification and fraud prevention services, marketing and advertising services

    We may also share aggregated and/or anonymized information derived from the Services that does not directly identify you with third parties for the reasons indicated in this Statement, such as device information and information derived from cookies and log files.

  6. Personal information retention:

    We keep personal information for as long as it is reasonably necessary to deliver the Services, to fulfill the purposes specified in this Statement, or to comply with our records retention periods (which reflect the applicable law). For example, as part of delivering the Services, we may retain information regarding users of our Services in order to comply with our legal and regulatory duties or to safeguard our interests.

  7. Cookies and other tracking technologies:

    • Cookies: When you visit our Websites, as well as the websites of our Merchants, business partners, and other third parties, your browser saves a little text file called a cookie. To deliver the Services and for the purposes specified in this Statement, we use both session cookies (i.e., cookies that are only saved for the duration of a single website visit) and persistent cookies (i.e., cookies that are stored beyond a single website visit). These cookies can be set by us (first-party cookies) or by third parties collecting data on our behalf (third-party cookies), such as Google Analytics.

    • Web beacons: a little graphic file that tracks your activity and monitors your behavior and is inserted on a website (or websites) or in an email. To collect usage and performance data, we use web beacons inside our Services.

    We utilize these and other comparable technologies inside our Services and throughout our Websites as part of using the Services. Here are several examples:

    • to provide our Services (for example, during the check-out procedure);

    • to allow you and/or your device to be uniquely identified;

    • as part of offering the Services, to store your preferences;

    • for the purposes of personalization and targeted advertising (across all of your devices and applications);

    • for the objectives of security and fraud prevention;

    • to evaluate and track the effectiveness of our services;

    • to develop and improve new services; and

    • to track how you use the Services over time

    Within your browser options, you can manage and/or refuse the setting of cookies and similar technologies. Because each browser is different, please go to your browser's "help" menu. Visit http://www.allaboutcookies.org for more information on cookies and how to manage them across different browsers and devices. Please be advised that limiting cookies may prohibit you from accessing and utilizing all or part of the Services, depending on the Services.

  8. Managing your informations:

    We want to make certain that you have the tools you need to control your personal information. It's also critical to make sure your information is correct and up to date. Depending on your relationship with Appstick and the Services you use, you may be able to update and manage your personal information. As for example,

    • You can access, edit, or correct specific account information as a Merchant at any time by logging into your account for certain services. Please contact our customer success team if you have any further questions.

    • You have the opportunity to access and edit your information as a Merchant Employee via the Foodstick Payroll and Team Management module or other Merchant Employee-facing Services in many circumstances. In all other cases, please contact your Merchant Employer.

    • As a Guest, you may be able to access, alter, and update your information through an account created as part of the Services, depending on the Services you use (e.g., a Digital Ordering Account). Please email support@foodstick.online if you are a Guest and would like your account deactivated or have any other queries regarding your Digital Ordering Account.

    If you have any other questions, consult the instructions included with the Services or contact us as specified in the "How to contact us" section of this Statement. Before altering or amending your information, we may need to verify your identity. Due to legal, contractual, or technological constraints, we may not be able to make the adjustment or accommodate the request in some cases.

  9. Security:

    To safeguard your personal information from unauthorized access, disclosure, damage, or loss, we use administrative, technological, and organizational security measures. Despite the fact that we have taken steps to protect your personal information, we cannot guarantee that the collection, transmission, or storage of personal information will always be secure.

  10. Link to Other Websites:

    This Privacy Statement only applies to information gathered when you visit our Websites or use our Services in any other way. You may be referred to third-party websites or services while visiting our Websites or using the Services through links to third-party websites or services that are not managed or controlled by us. Websites of our Merchants or business partners who provide services as part of this Statement, for example. We are not responsible for these third parties' privacy practices or policies. As a result, we recommend that you read the privacy policies of these third-party websites because their policies may differ from ours.

  11. Children:

    Our Services are not intended for or oriented towards children under the age of 13, and we do not intend to collect or solicit personal information from children under the age of 13 deliberately or unintentionally. If you believe a child under the age of 13 has provided us with personal information, we encourage the child's parent or guardian to contact us as outlined in the "How to Contact Us" section of this Statement to request that the information be removed from our systems. If we discover that any personal information we gathered was supplied by a child under the age of 13, we will remove that information as soon as possible.

    Personal information concerning children is processed when it is required for the services we provide and you provide it to us. If your business uses the Foodstick Payroll and Team Management module and you add them as dependents under your benefits policy, we may gather information about children if you are a Merchant Employee.

  12. How to Contact Us:

    You can contact us at: if you have any questions or complaints regarding our Privacy Statement or our practices.

  13. Changes to the Privacy Statement:

    We may update this Privacy Statement from time to time to accordance with new legal requirements or our business practices. Updated versions of this Statement will be posted on this website unless we are required by relevant law to provide a prescribed form of notice and/or obtain consent. For updates, please visit this website and this Privacy Statement on a regular basis.