Privacy Policy

• We process Identity Data, Device/Network Data, and Contact Data when Customer Users register and create an account on our Service. We primarily use this data as necessary to create, maintain, and provide Users with information about their account. We may also use Contact Data to correspond with Users with informational messages regarding the Service, or in connection with other requests from those Users. Note, when Customer Users’ information is shared with the Customer, the Customer may use that data for its own purposes.

• Presto accounts allow Guest Users to create a profile in order to simplify ordering and payment, improve customer service, and enjoy a personalized user experience at restaurants using Presto. We may also create a guest account when you register for a Customer’s loyalty program. We  process Identity Data, Contact Data, Payment Data and Device/Network Data when Guest Users create and access their account on our Service. We use this data as necessary to authenticate Users, deliver messages and notifications to Users, and as otherwise necessary to provide our Service and carry out the processes and transactions Guest Users request. We may also store your Payment Data to enable payment through your account. Data we control in connection with a Presto account is processed on behalf of our Customers when a Guest interacts with a Customer, for example, in connection with an order, making a payment, for customer service purposes, and to share useful information (such as allergy information, name, preferences, etc.) with the Customer, or in connection with feedback/surveys. We may send Guest Users messages regarding our service, security alerts, or other important information about their account. Further, Guest Users that opt in, or if otherwise allowed, may receive marketing communications from us (including communications on behalf of our Customers or third parties).  

• When Guests submit an order through the Platform, or where a Customer User interacts with a Guest’s order, we generally process Identity Data, Transaction Data, Contact Data, Device/Network Data, Payment Data, Preference Data, and if you provide it (e.g. as part of a special request), User Content. Additionally, for Guests accessing Customer premises utilizing ALPR or ViVo technology, Visit Data as well as Identity Data may be used to track the event and usage and may be tied to Customers loyalty program. Note, Customer Users may also add certain data (e.g. additional Transaction Data or User Content) to the order. We primarily process this data and share it with Customers as necessary to process your order and in connection with our provision of the Service. Payment Data is used only to secure and process payments at your request. Additionally, we may analyze this information to create Preference Data and relate it to the order data, and Device/Network Data from the PRESTO, and we may store and analyze that record on behalf of the Customer. If a Guest User logs into or links their Presto account or a Customer loyalty program, this Data may be associated with the Guest User’s Presto account, in which case we will retain and process this information on our own behalf, as well as on behalf of our other Customers when a Customer User interacts with them. Note, certain data (excluding Device/Network Data and Payment Data) may be shared with the Customer who may use that data for its own purposes.

• We may process Identity Data and Contact Data on behalf of our Customers when Guest Users register for a Customer’s loyalty program or sign up for a Customer’s mailing list. When you sign up for a loyalty program, we may create a separate, linked account on our Platform. The Presto account allows you to take advantage of loyalty benefits and related programs, track orders, and interact with the Customer and your loyalty account via Presto. Similarly, when you access your Customer loyalty account through our Platform, we will log you in to your linked Presto account, and allow you to access and use the Customer’s loyalty program features through Presto. When you use Presto to interact with a Customer loyalty program, we may receive certain additional data from the Customer, depending on the nature of the Customer’s loyalty program, their Presto Customer-account settings, and the choices they make with respect to data sharing. For example, we may process information relating to your loyalty account balance, benefits, additional Transaction Data, Preference Data, or other data made available by the Customer. Please note, we do not control Customers’ use of this data, and this information may be processed by the Customer under its own privacy policy.

• We generally process Identity Data, Contact Data, and User Content collected in connection with Guest surveys or questionnaires. We generally process this Personal Data as necessary to inform the Customer of Guest preferences, to create aggregate analytics regarding Guest satisfaction, or to allow Customers to communicate with Guests. Any Feedback/Survey data may be made available to the Customer, who may use it for their own purposes. We may also store and analyze feedback for our purposes, for example, to personalize the services, and help recommend relevant offers or services.

• You may contact us through our Corporate Site or sign up for certain communications from us. In each case, we generally collect Contact Data, and any Identity Data or User Content that you provide in the registration form. This information is primarily used to respond to your request, but where you consent, or if relevant to your request and permitted by law, we may send you marketing communications as described further below.

• When you use our Service, you may interact with cookies and similar technologies that we operate on or allow access to our Service. We, and third parties acting on our behalf in furtherance of the Services, may automatically collect and process Device/Network Data and Preference Data when you interact with these cookies and similar technologies. In cases where these cookies and similar technologies are controlled by third parties, we may receive this data from third parties to the extent allowed by the applicable service provider or partner. Please note, some of these technologies can be used by third parties to identify you across platforms, devices, websites, and services. The privacy policies of third parties may apply to these third-party technologies and their own use of any Personal Data they collect. You may disable third party tracking cookies by clicking “Do Not Share My Data”.

Subject to Users’ Rights and Choices, we use this data as follows:

• for “essential” or “functional” purposes, such as to enable various features of the Service such as remembering passwords, or staying logged in during your session;
• for “analytics” purposes, consistent with our legitimate interests in how the Service is used or performs, how users engage with and navigate through the Service, what other sites users visit before visiting our Service, how often they visit our Service, and other similar information; and
• on our Corporate Site, for “retargeting” or similar advertising purposes, so that you can see advertisements from us on other websites if you have not disable third party tracking cookies. At present, our company does not deliver any ads via our Corporate site.

Service Provision and Contractual Obligation

We process any Personal Data as is necessary to provide our Service, authenticate users and their rights to access the Service, the Platform version, or various data, features, or functionality, and as otherwise necessary to fulfill our contractual obligations to you, and provide you with the information, features, and services you request.

Internal Processes and Service Improvement

We may use Personal Data we process through our Service as necessary in connection with our business interests in improving the design of our Service, for customer service purposes, in connection with logs and metadata relating to Service use, and for ensuring the security and stability of the Service. Additionally, we may use this data to understand what parts of our Service are most relevant to Users, how Users interact with various aspects of our Service, how our Service performs or fails to perform, etc., or we may analyze use of the Service to determine if there are specific activities that might indicate an information security risk to the Service, our Users or our Customers. We may also use this information in connection with the provision of new features, products, and analytics tools to be used by other Customers. This processing is subject to Users’ rights and choices applicable to processing performed in accordance with our legitimate business interests.

Automated Processing

We may use automated processing in relation to our Users’ use of the Platform. For Guest Users, automated processing may determine suggestions for items you may want to order, offers or promotions you may be interested in, ordering/payment methods, or for other similar matters. For Customer Users, we use automated processing on behalf of the Customer to help determine priorities for guest service, to analyze hours worked and availability, determine server performance, average check size, Guest count, and other similar information.

Platform Analytics

We use Personal Data processed through our Platform to create aggregate analytics relating to Platform Use. For example, we use Guest Users’ Personal Data to create aggregate analytics relating to trends in how Guests interact with our Customers, such as food and drink orders, product choices, preferences, spending habits, time of day, or other similar information. Additionally, we may use Customer Users information to create aggregate data regarding staff efficiency, hours worked, service performance, Guest satisfaction, availability, etc. Platform Analytics will not contain information from which an individual may be individually identified, but may be combined with information used in automated processing or advertising. These analytics may be made available to our Customers individually, in the case of Customer User analytics, and to all Customers, in the case of Guest User analytics. This processing is subject to Users’ rights and choices applicable to processing performed in accordance with our legitimate business interests.

Personalization

We process Personal Data in connection with our legitimate business interest in personalizing the Platform. For example, the Service may be customized to you so that it displays your name, reflects service preferences, to suggest orders, or to display items that you have ordered or interacted with in the past, or to display content that we think may be of interest to you based on your interactions with our Platform, or Customers. This processing may involve the creation and use of Preference Data relating to your preferences. This processing is subject to Users’ rights and choices applicable to processing performed in accordance with our legitimate business interests.

Marketing Communications

We use Personal Data processed through our Service in connection with our, and with our Customers’ marketing communications. You may opt-in to these communications, or consistent with our legitimate business interests, we may send you marketing and promotional communications if you communicate with us about our Service, register for an account, or where otherwise permitted by law. We may also process Device/Network Data and Contact Data when you interact with our communications in connection with our interest in understanding communication response and open rates. This processing is subject to Users’ rights and choices applicable to processing performed in accordance with our legitimate business interests.

Please note: on occasion, third parties unaffiliated with us may conduct marketing campaigns using our devices where they offer incentives, as inducements to enroll in their programs, complete surveys or take other actions. In such cases, requests directed to us to opt out of further communications will not be effective, as we have no control over the activities of such third parties.

Platform Advertising

With your consent or where otherwise permitted by law, we may deliver advertising through our Platform, though we do not currently buy or sell advertising at present.

Compliance, Health, Safety & Public Interest

Note that we may, without your consent or further notice to you, and to the extent required or permitted by law, process any Personal Data for purposes determined to be in the public interest, required by law, or as necessary in connection with the establishment or defense of our legal rights. For example, we may process information as necessary to fulfill our legal obligations, to protect the vital interests of any individuals, to establish claims for violations of applicable contracts, for authorized medical or public health purposes, or as otherwise in the public interest or required by a public authority. Please see the data sharing section for more information about how we disclose Personal Data in extraordinary circumstances.

Know/Access: You may have a right to know what information we collect, use, disclose, or sell, and you may have the right to receive a list of that Personal Data and a list of the third parties (or categories of third parties) with whom we have received or shared Personal Data, to the extent required and permitted by law. You may be able to access some of the Personal Data we hold about you directly through the account settings menu.

Rectification: You may correct any Personal Data that we hold about you to the extent required and permitted by law. You may be able to make changes to much of the information you provided to us using the account settings menu.

Delete: To the extent required by applicable law, you may request that we delete your Personal Data from our systems. We may delete your data entirely, or we may anonymize or aggregate your information such that it no longer reasonably identifies you.

Data Portability: To the extent required by applicable law, we will send you a copy of your Personal Data in a common portable format of our choice.

Regulator Contact: You may have the right to contact or file a complaint with regulators or supervisory authorities about our processing of Personal Data. To do so, please contact your local data protection or consumer protection authority.

Note: In some cases, Presto acts on its Customers’ behalf when processing Personal Data. In those cases, we may notify Customers of your rights request, however, we may be unable to directly fulfill rights requests regarding Personal Data unless we are in control of how that data is processed or have the necessary rights of access. Presto may not have access to or control over all or some Personal Data controlled by Customers. Please contact the Customer directly for data rights requests regarding Customer-controlled information, and we will assist the Customer as necessary to complete your request.