An offer for the provision of services and the use of the WowBI service
WowBi Ltd, (adress), together with its wholly owned subsidiaries (collectively "WowBi") have created, own, and operate multiple websites, (each individually referred to hereunder as an “WowBi Website” and collectively “WowBi Websites”). The WowBi Websites allow you ("You" or "Your") and other WowBi software experts, developers, users, and other interested parties (each, a "User" and collectively, "Users") to engage in a variety of activities, such as find information, purchase and/or research WowBi and related software and services, obtain support for WowBi software and services, share information with WowBi and third parties, post comments, blog, provide reviews, vote on prospective features, and engage in conversations and activities related to WowBi’s products and services. The Websites also include information created and published by WowBi (“WowBi Materials”) and third parties (“User Content”), such as text, images, photographs, graphics, audio and video, data, code, and software (collectively, the WowBi Materials and User Content are referred to as “Content”).
2. ACCEPTANCE OF TERMS
WowBi may modify the TOU to reflect changes in WowBi’s business, applicable law, or for other reasons deemed necessary by WowBi. If the terms of the TOU change, WowBi will provide notice, which may include, but is not limited to notice provided through the Websites or an WowBi user account. Except where prohibited by law, updates to the TOU will apply once the changes have been posted or notice has otherwise been given. Changes to the TOU will, however, not apply retroactively. If You do not agree to changes made to the TOU, You must discontinue your use of the affected WowBi Website, WowBi Materials, or User Content.
3. USER CONTENT/LICENSE TO WowBi
WowBi does not claim ownership of User Content that you post, upload, input or submit to any WowBi Website. By posting, transmitting or uploading any User Content, including any article, information, data, code, text, software, documentation, graphic, image, marketing material, video, photograph, message, suggestion, feedback, idea, or posting to any forum, wiki, or blog on any WowBi Website, You grant to WowBi a perpetual, irrevocable (subject to mandatory data protection requirements), non-exclusive, world-wide, fully-paid up and royalty free license to use such User Content without restrictions of any kind and without any payment or other consideration of any kind, or permission or notification, to you or any third party. This license includes, without limitation, the irrevocable (subject to mandatory data protection requirements) right to reproduce, prepare derivative works, combine with other works, alter, translate, distribute copies, display, perform, license and provide the User Content to third parties; to make, have made, offer to sell, sell, lease, or otherwise distribute any User Content or product; and to practice any method, embodying such User Content (including the right to sublicense any of the foregoing).
You represent and warrant to WowBi that You have the right, title, and/or authority to grant such license to WowBi. WowBi may elect not to post or publish User Content that You submit. If WowBi elects to post or publish Your User Content, WowBi may in its sole discretion withdraw the posted or published User Content for any reason and without notice even if WowBi has previously indicated to You that WowBi might or will post the User Content You have submitted.
You acknowledge and agree that the relationship between You and WowBi is not a confidential, fiduciary, or other special relationship. WowBi shall have the right, but not the obligation, to use Your name, likeness, biography and other information about You that You have provided in connection with any use of the User Content You submit, and WowBi may continue to use this information after any termination of your account or Your access to the Websites for the purpose of identifying the source of User Content that you previously submitted. Nothing in this TOU shall prohibit or restrict WowBi’s right to create or obtain User Content or submissions similar to or competitive with the User Content that You have submitted.
4. PERMISSIBLE USE OF WowBi WEBSITES AND CONTENT
The WowBi Websites, the WowBi Materials, and the User Content are for your non-commercial use, that is, your use must not be intended for or directed towards commercial advantage or monetary compensation. You may not copy, modify, distribute, transmit, display, perform, publish, license, create derivative works from, transfer, rent, lease, or sell the WowBi Websites, WowBi Materials, or User Content. You may, however, download, store, and display on your computer or other electronic device, solely to view, listen to, play and print WowBi Materials and User Content; provided that: (a) the WowBi Materials and User Content may only be used for informational, non-commercial purposes and will not be copied or posted on any computer network, or otherwise published, broadcast, or distributed in any manner or media; and (b) the WowBi Materials and User Content may not be modified or altered in any way, including any copyright notices.
You may not use the WowBi Websites in any manner that could damage, disable, overburden, or impair any WowBi server, or the network(s) connected to any WowBi server, or interfere with any other party's use and enjoyment of any WowBi Website. You may not attempt to gain unauthorized access to any WowBi Website, other accounts, computer systems or networks connected to any WowBi server, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the WowBi Websites.
You agree not to use an WowBi Website to:
publish, upload, post, email, transmit or otherwise make available any User Content that (a) You do not have the right to make available (b) is unlawful, harmful, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable; (c) infringes any Intellectual Property Rights of any party, (d) includes any unsolicited or unauthorized advertising, promotional materials, surveys, junk mail, spamming, chain letters, or any other form of solicitation, commercial or otherwise, or (e) contains a software virus, Trojan horse, worm, time bomb, cancelbot, corrupted file, or any other computer file or software designed to interrupt, destroy, damage or limit the functionality of any computer hardware, software or other property;
defame, harass, abuse, stalk, threaten or violate the legal rights of others such as rights of privacy and publicity or business integrity;
impersonate any person or entity, including, but not limited to, an WowBi official, WowBi employee, or any other third party, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
forge email headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through the WowBi Websites;
download any file or User Content posted by another user that You know, or reasonably should know, should not be legally reproduced, displayed, performed and/or distributed in such manner;
interfere with or disrupt the servers, or networks which support the WowBi Websites, or disobey any requirements, procedures, policies or regulations of networks connected to the WowBi Websites;
violate any applicable local, state, national or international law and any regulations;
harvest, collect, or store personal information or data of other users.
5. TERMINATION OF USE
WowBi may, in its sole discretion, at any time discontinue providing or limit access to the WowBi Websites, any areas of the WowBi Websites, or any WowBi Materials or User Content provided on or through the WowBi Websites. You agree that WowBi may, in its sole discretion, at any time, terminate or limit your access to, or use of, any or all of the WowBi Websites or any WowBi Material or User Content. In the event You are in material breach of the TOU, WowBi may, at its sole discretion, suspend or terminate Your account, delete Your Content from the WowBi Website, and refuse You any current or future use of an WowBi Website without notice. WowBi shall not be liable to You or any third party for any such suspension or termination.
If You wish to terminate your account, you may do so by submitting your request via email to info@WowBi.com. Please note that in the event that you elect to terminate your account, WowBi has the right and may elect to continue to post and publish on the Websites personally identifying information associated with User Content that You have posted.
6. WowBi CONTACT
WowBi is not obligated to evaluate or provide any comments to you regarding User Content that you submit. At WowBi’s sole discretion, WowBi may contact you with critiques, updates, feedback, status or questions regarding your submission. In no event will any such contact or communication from WowBi obligate WowBi to adopt your submission, provide a timeframe for evaluation, or even provide any additional communication regarding your submission.
7. CONFIDENTIAL INFORMATION
1. Except for WowBi Websites which are clearly identified as non-public forums (each a "Non-Public Forum"), WowBi Websites are intended to be public forums, and You agree not to provide WowBi or other Users with any confidential or proprietary information that You or the owner of the information do not intend to become public information. Except for User Content clearly labeled as confidential that You upload into a Non-Public Forum, any User Content that You send or upload to an WowBi Website will be deemed NOT to be confidential or proprietary, and You expressly agree that You waive any trade secret or other confidentiality rights with respect to such User Content.
2. You agree not to reproduce any Confidential Information to which you are provided access through an WowBi Website in any form except as authorized at the time of disclosure. Any reproduction of Confidential Information shall remain the property of WowBi or the third party that has prepared such information and shall contain any and all confidential or proprietary notices or legends which appear on the original. You agree to (a) take all reasonable steps (defined below) to keep all Confidential Information strictly confidential; (b) to use Confidential Information solely as authorized at the time of disclosure and (c) not to disclose any Confidential Information to any party without the prior written consent of WowBi or the third party that has prepared such information. You do not acquire any rights in Confidential Information except the limited rights as described herein. In no event shall You use Confidential Information to create, enhance, modify, rent, lease, loan, sell, distribute or create derivative works based on the WowBi Software or WowBi Websites, or compete with WowBi Software or WowBi Websites in whole or in part. As used herein, ‘Confidential Information’ shall mean all trade secrets, intellectual property rights, and other information WowBi or third parties protect against unrestricted disclosure to others which is (i) either labeled Confidential and accessed through a restricted or non-public area of an WowBi Website or pursuant to software downloads, or (ii) reasonably identifiable as confidential based on the type of information and the manner of its disclosure. As used herein ‘reasonable steps’ means those steps You and/or Your Company take to protect Your own Confidential Information, which shall not be less than the industry standard of care.
ALL USER CONTENT POSTED BY YOU TO AN WowBi WEBSITE, WHETHER INTO A PUBLIC FORUM OR NON-PUBLIC FORUM, SHALL BE AT YOUR OWN RISK, AND WowBi TAKES NO RESPONSIBILITY FOR THE USE OR MISUSE OF ANY SUCH UPLOADED INFORMATION BY ANY OTHER USER OF AN WowBi WEBSITE.
8. YOUR INFORMATION, PRIVACY, AND DATA PROTECTION
Some of the WowBi Websites require that You become a registered user. Before you can use these Websites, You have to register with WowBi and provide WowBi with certain information, which may include personally identifiable information, such as your name and your email address (“Personal Data”). By providing WowBi with Personal Data, You expressly agree that WowBi may collect, use, store and otherwise process Your Personal Data for the purpose of providing you with access to the Websites and related activities and communications in which you agree to participate.
You are responsible for and agree to provide WowBi with complete, true, and current information, including Personal Data, and to keep Your Personal Data accurate and up to date. You can always correct or update Your Personal Data. Furthermore, You may request information about Your Personal Data stored with WowBi, or the correction (in case the relevant Website is not allowing You to correct or update your information), or deletion of Your Personal Data by contacting info@WowBi.com. Please note that if You request the deletion of your account or Personal Data, You might not be able to further access and use the WowBi Websites and your User Content.
You are solely responsible with regard to usage and security of Your password and any activities that occur under Your account. You shall not use the account of anyone else at any time. You understand and agree that WowBi collects, uses, stores and otherwise processes Your personal information and utilization data and may share such data with third party service providers for the purposes of improving or providing the WowBi Websites subject to WowBi’s Privacy Statement.
YOU AGREE TO COMPLY WITH THE TERMS OF THE WOWBI PRIVACY STATEMENT, WHICH CAN BE FOUND BY CLICKING ON THE ‘PRIVACY’ LINK AT THE BOTTOM OF EACH WEB PAGE ON WowBi WEBSITES.
9. INTELLECTUAL PROPERTY RIGHTS
As used herein, ‘Intellectual Property Rights’ means patents of any type, design rights, utility models or other similar invention rights, copyrights, trademarks, service marks, trade secret or confidentiality rights, and any other intangible property rights including applications for any of the foregoing, in any country, arising under statutory or common law or by contract and whether or not perfected, now existing or hereafter filed, issued, or acquired.
All Intellectual Proprietary Rights to any WowBi Software, the WowBi Websites, WowBi Materials, and User Content belongs to WowBi or the individual or entity that submitted it. Nothing in this TOU shall be deemed to give You the right to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative words from, transfer, or sell any WowBi Software, the WowBi Websites, any WowBi Materials, or any User Content for any reason, unless otherwise expressly permitted by the TOU or by law. You hereby agree to assign and do assign to WowBi (and WowBi accepts such assignment) any modifications or derivative works of any WowBi Software, the WowBi Websites, and WowBi Materials made by You in contravention of this limitation without remuneration of any kind.
Information on requirements for using WowBi trademarks can be found by clicking on the “Trademarks” link at the bottom of each web page on WowBi websites.
YOU AGREE TO COMPLY WITH THE TERMS OF THE ‘WowBi COPYRIGHT GUIDELINES’, WHICH CAN BE FOUND BELOW OR BY CLICKING ON ‘Copyright’ LINK AT THE BOTTOM OF EACH WEB PAGE ON WowBi WEBSITES.
10. RESPONSIBILITY FOR CONTENT AND LINKS
WowBi IS ONLY RESPONSIBLE OR LIABLE FOR THE CONTENT POSTED ON AN WowBi WEBSITE TO THE EXTENT REQUIRED BY THE GERMAN TELEMEDIA ACT (TELEMEDIENGESETZ, TMG). TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF CONTENT SHALL BE AT YOUR OWN RISK. Any Content, whether publicly posted or privately transmitted, is the sole responsibility of the person or entity providing the Content. WowBi does not represent or endorse the accuracy, reliability, completeness, usefulness, non-infringement of intellectual property rights, or quality of any Content provided by third parties on an WowBi Website. WowBi may remove any Content posted on an WowBi Website at WowBi’s sole discretion, but, if You believe that material that You hold the copyright on is being infringed upon on any WowBi web site.
WowBi Websites may contain links to external websites. WowBi shall not be responsible for the contents of any linked website, or any changes or updates to such websites. Additionally, WowBi shall not be directly or indirectly responsible or liable for any damage or loss caused or alleged to be caused by or in connection with Your use of or reliance on any software, content, goods or services available on or through any such linked website. WowBi does not control and/or review the linked web-pages and the information provided by third parties.
11. USE OF WowBi AND THIRD PARTY SOFTWARE
Your access and use of any software or related documentation, including developer tools and sample code, and any application program interface information provided on an WowBi Website (collectively "Software") is governed by the software license agreement and related documents and terms (e.g., attachments, exhibits, order form, disclaimers, etc.) ("License Agreement") that accompany such Software. You may not use or install any Software that is accompanied by a License Agreement unless and until You first agree to the terms of the License Agreement. You must not modify, decompile, or reverse engineer any Software, except to the extent expressly permitted by applicable law or the License Agreement.
In the event that Software provided through an WowBi Website is not accompanied by a License Agreement: the Software may be used solely for your personal, informational, noncommercial purposes; the Software may not be modified or altered in any way; and the Software may not be redistributed.
All WowBi Software is the copyrighted work of WowBi. Unauthorized copying, distribution, modification, public display, or public performance of copyrighted works, including the WowBi Software, is an infringement of the copyright holder’s rights. Information on the process for requesting WowBi’s permission to use any WowBi-owned copyrighted works can be found by clicking on the “Copyright” link at the bottom of each web page on WowBi Websites.
The following applies if You access a Website from outside the EU:
You agree to indemnify and hold WowBi, its affiliates, subsidiaries, officers, agents, partners, employees, and licensors harmless from any claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of Your User Content or Your usage of an WowBi Website, Your breach of this TOU, any additional legal terms, or WowBis Privacy Statement, Your unauthorized use of any WowBi-owned Intellectual Property, or Your alleged violation of any other rights of a third party.
The following applies if You access a Website from within the EU:
You agree to indemnify and hold WowBi, its affiliates, subsidiaries, officers, agents, partners, employees, and licensors harmless from any claim or demand, including reasonable attorney’s fees, made by any third party against any of the aforesaid entities or persons due to or arising out of Your culpable breach of this TOU, any additional legal terms or WowBi’s Copyright or Privacy Statements.
13. EXCLUSION OF WARRANTIES
WowBi Websites and Content are being provided to You “AS IS”. To the fullest extent allowable by law, WowBi does not guarantee or warrant any features or qualities of any WowBi Website or Content, or give any undertaking with regard to any other quality. Statements and explanations on WowBi Websites and Content in promotional material or on WowBi Website and/or documentation are made for explanatory purposes only; they are not meant to constitute any guarantee or warranty of certain features. No warranty or undertaking shall be implied by a User from any published WowBi description of or advertisement except to the extent WowBi has expressly confirmed such warranty or undertaking in writing. Warranties are validly given only with the express written confirmation of WowBis management.
14. LIMITATION OF LIABILITY
WowBi will not be liable or responsible in any way for any User Content posted on or linked from an WowBi Website, including, but not limited to, any errors or omissions in Content, or for any losses or damage of any kind incurred as a result of the use of or reliance on any Content or other material accessed on or through any WowBi Website and made available by a third party.
The following applies if You access an WowBi Website from outside the European Union:
TO THE EXTENT ALLOWABLE BY APPLICABLE LAW, WowBi AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS ARE NOT LIABLE TO ANY USER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WowBi HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), HOWEVER CAUSED, WHETHER IN CONTRACT, TORT, OR OTHERWISE, ARISING OUT OF OR RESULTING FROM: (i) THE USE OR THE INABILITY TO USE AN WowBi WEBSITE, WowBi SOFTWARE, OR WowBi MATERIALS; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES ARISING OUT OF YOUR USE OR INABILITY TO USE ANY WowBi SOFTWARE, WowBi MATERIALS OR SERVICES PURCHASED OR OBTAINED DURING TRANSACTIONS CONDUCTED ON AN WowBi WEBSITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS, MESSAGES, OR CONDUCT OF ANY THIRD PARTY ON AN WowBi WEBSITE; OR (v) ANY OTHER MATTER RELATING TO AN WowBi WEBSITE OR WowBi MATERIALS. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, THESE LIMITATIONS SHALL NOT APPLY IN CASE OF INTENT OR GROSS NEGLIGENCE BY WowBi AND IN CASE OF WowBiS STATUTORY LIABILITY FOR PERSONAL INJURY AND DEFECTIVE PRODUCTS.
The following applies if You access an WowBi Website from within the European Union:
IRRESPECTIVE OF THE LEGAL REASONS, WowBi AND WowBi’S AFFIALIATES AND SUBSIDIARIES SHALL ONLY BE LIABLE IN THE CASES SET OUT BELOW:
ANY MANDATORY LIABILITY UNDER APPLICABLE PRODUCT LIABILITY LAWS;
GROSS NEGLIGENCE AND WILFUL MISCONDUCT;
PERSONAL INJURY OR DEATH RESULTING FROM WowBi’S OR ITS AFFILIATES’ OR SUBSIDIARIES NEGLIGENCE OR WILFUL MISCONDUCT;
SLIGHT NEGLIGENT BREACH OF A SIGNIFICANT CONTRACTUAL OBLIGATION (AN OBLIGATION WHOSE COMPLETION ALLOWS FOR A PROPER PERFORMANCE OF THIS TOU AND IN WHOSE COMPLIANCE WITH YOU CAN GENERALLY TRUST). IN THIS CASE, WowBi’S OR ITS AFFILIATES’ OR SUBSIDIARIES’ LIABILITY SHALL BE LIMITED TO SUCH DAMAGES WHICH ARE TYPICAL FOR THIS TYPE OF AGREEMENT AND PREDICTABLE AT THE POINT IN TIME OF THESE TO ENTERING INTO FORCE.
IN ALL OTHER CASES, NEITHER WowBi NOR ITS AFFILIATES, SUBSIDIARIES, EMPLOYEES, AGENTS AND SUBCONTRACTORS SHALL BE LIABLE FOR ANY KIND OF DAMAGES OR CLAIMS HEREUNDER.
15. APPLICABLE LAW
The following applies if You access an WowBi Website from outside the European Union:
New York law will govern this TOU without giving effect to any principles of conflicts of laws. You also agree to comply with all applicable export control laws as set forth under the ‘EXPORT CONTROL’ Section below which are applicable to the transmission of data on the Internet, including, but, not limited to laws governing the use of encryption and laws governing the transmission of data across international boundaries, into prohibited countries, and containing personally identifiable information.
The following applies if You access an WowBi Website from within the European Union:
The laws of Germany will govern this TOU without giving effect to any principles of conflicts of laws. To the extent possible under applicable law, venue for all disputes in connection with this TOU shall be Karlsruhe, Germany.
Your confidentiality obligations hereunder shall survive termination of Your account. Upon any termination of Your account, or WowBi’s written request, You must cease use of Confidential Information, and/or WowBi Websites, and return or destroy all Confidential Information in Your possession or control.
17. WAIVER AND SEVERABILITY
The failure of WowBi to exercise or enforce any right or provision of this TOU shall not constitute a waiver of such right or provision. To the extent that any provision in this TOU shall be found to be invalid or unenforceable, such provision shall be modified in such a manner so as to make this TOU as modified, legal and enforceable under applicable laws and the balance of the provisions of this TOU shall not be affected thereby.
18. ENTIRE AGREEMENT
The TOU represents the entire arrangement between the Parties in respect of its subject matter and supersedes all prior agreements, understandings or arrangements (both oral and written) relating to its subject matter. No collateral agreements have been made.
19. EXPORT CONTROL
WowBi Websites may not be accessed or used by any national or certain countries or groups against which the United States and/or European Union have instituted sanctions (including Iran, Cuba, North Korea, Syria and Sudan), Specially Designated Nationals, and other proscribed persons who are listed on the Denied Parties list. Further restrictions apply to any end user who will utilize Content provided on an WowBi Website in the design, development or production of nuclear, chemical or biological weapons, or rocket systems, space launch vehicles, and sounding rockets, or unmanned air vehicle systems; or any end user who has been prohibited from participating in the US and/or EU export transactions by any agency of the US government or European Union.
Due to technical uncertainties preventing verification of the identity and ultimate point of access by any person attempting to access or use an WowBi Website, Your access of an WowBi Website, including the presentment of any authorized user ID and password, constitutes Your express representation that (1) the person attempting access thereunder is not a national of any such sanctioned country or group or a Specially Designated National, and (2) is not included on such Denied Parties list, 3) has not been prohibited from participating in US and/or EU export transactions; 4) such use is not restricted, and (5) that, as an Authorized User, You have not disclosed or provided such password and user ID to any such person for use under Your registration. Users shall be fully liable and subject to prosecution to the full extent of the law for any violations of this paragraph.
The following applies if You access an WowBi Website from outside the United States and European Union:
The following applies if You access an WowBi Website from within the United States:
You agree that Your use of an WowBi Website, or any Content will be in compliance with U.S. export control laws and executive orders. The information provided on and through an WowBi Website may be deemed in some cases to be controlled technology and subject to the export control restrictions of the United States and other jurisdictions.
IT IS YOUR OBLIGATION TO VERIFY AND COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS OF THE UNITED STATES AND OF THE COUNTRY FROM WHICH YOU ARE ACCESSING AN WowBi WEBSITE.
Effective: July 1, 2020
1. Introduction and scope
This Privacy Statement describes how WowBI, Inc. and its subsidiaries and affiliates (collectively “WowBI”, “we”, “us” and/or “our”) collects and manages your personal information (i.e. any information that relates to an identified or identifiable individual) as part of providing our Services (defined below). This Statement primarily covers:
Merchants: businesses that have expressed interest in using the Services or have contracted with WowBI to provide the Services within their restaurants;
Merchant Employees: employees of our Merchants that use the Services; and
Diners: individuals that use the Services at one of our Merchant’s restaurants or directly through WowBI.
In addition to the groups above, this Statement also covers individuals that visit our websites and our third-party business partners.
Please note that certain locations where we operate have laws that require us to share specific privacy information and practices with individuals in those locations. To that end, this Privacy Statement is comprised of two sections – a generally applicable statement and a location-specific addendum. Where there are variations for a specific location or additional information that is required to be provided under the applicable country or state law, individuals in that location can refer to the applicable addendum. Links to the pertinent sections, can be found below:
United States (California)
Please note that our Merchants are independent third parties that maintain their own business practices and policies outside of their relationship with WowBI and their use of the Services. As a result, unless provided otherwise in this Statement, we are not responsible for the privacy policies or data practices of our Merchants, who may maintain separate policies and practices. If you are a Merchant Employee, your employer is responsible for providing any additional required notices or information to you regarding its privacy practices outside of this Statement.
By using the Services and/or providing us with your personal information, you acknowledge that your personal information will be processed and used in the manner set out in this Privacy Statement.
Here are a few other terms we use throughout this Privacy Statement that you should know:
“WowBI Payroll and Team Management” refers to a module offered as part of the Services directed to Merchant Employees that includes a number of HR-focused services, including but not limited to payroll, benefits administration, card services, scheduling and applicant tracking services.
“Services” refers to services and products (including both hardware and software) developed by us from time-to-time, including:
our core point-of-sale (POS) system;
payment processing services;
our application programming interfaces (“APIs”);
associated modules provided as part of our POS system, such as our loyalty, marketing, delivery and WowBI Payroll and Team Management modules;
our digital ordering services, such as online ordering, pickup and delivery services, contactless order and pay at the table functionality, gift cards and our mobile application(s);
accounts created through our digital ordering services (“Digital Ordering Account(s)”); and
Merchant financing, card products and other financial products offered by WowBI or its business partners.
“You” and/or “your” is a Merchant, a Merchant Employee, a Diner, a visitor to one of our websites or other covered data subject.
3. Personal information we collect
Personal information collected through the Services
If you are a Merchant, we will collect personal information from you in connection with your service agreement and use of the Services, including, as applicable,
date of birth; and
As part of our application process and agreement to provide the Services, we will also collect additional information such as your tax identification number, national identification number (e.g. Social Security number or passport number), your drivers’ license details as well as your banking and payment card information.
If you are a business partner that is looking to integrate with WowBI, we will also collect information such as your name and contact details as part of your application to integrate with our Services.
B. Merchant Employees
If you are a Merchant Employee, we collect personal information about you through your use of the Services. This includes:
employee identification number;
date of birth; and
information relating to your role, such as your job title, wage rates and salary and hours worked.
To the extent you are employed by a Merchant that uses the WowBI Payroll and Team Management module, we may also collect:
your Social Security number or other national identification number;
banking information as part of payroll;
your professional and educational history;
tax documentation such as your W2 and 1095 tax forms;
your benefit elections;
driver’s license information (e.g. number, state, expiration);
your dependent and beneficiary information.
Please note that the actual personal information collected will depend on the specific WowBI Payroll and Team Management services that your employer has elected to use. Please contact your employer for additional information.
We collect information from you through your use of the Services (as provided and developed by us from time to time), which includes the creation of a Digital Ordering Account, your use of our online ordering features and mobile application(s) and other related products such as our pickup, delivery and order and pay at the table services. We may also collect and/or receive your personal information 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.
Depending on which Service you have used, personal information collected may include:
contact details such as your phone number and email;
your address and other general location details;
your payment card information, such as the brand, card number, security code and expiration date;
transaction information and details (e.g. history of goods/services ordered, date, payment method and amount of payment);
your date of birth (if you choose to provide it);
information about your vehicle (for users of our curbside pickup service);
account and profile information such as your username and password;
if you are a member of a Merchant’s loyalty program, information in relation to your points balance and redemptions; and
your feedback in relation to your experience at our Merchants’ establishments (if you choose to provide it).
In all cases, the actual personal information collected will vary depending on the Services being used.
Personal information collected through our websites
In addition to using the Services, we may also 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 blog or podcast. This personal information may include:
Certain information may also be collected automatically when you visit our websites. For more information, please see the section of this Statement entitled “Information collected automatically”.
Please note that additional information beyond what is described here will be collected (described in the Merchant section above) as part of our online Merchant application process or through our e-commerce website.
Personal information collected from other sources
Depending on whether you are a Merchant, a Merchant Employee, a Diner or a visitor to one of our websites, we may also collect personal information about you from third parties including our business partners, data providers, identity verification services, credit bureaus (if applicable) and credit card companies. We may also collect information from you that is publicly available. For example, if you interact with us through various social media channels.
Information collected automatically
We collect information automatically when you visit our websites, use our mobile application(s) or use our online services such as online ordering. Information collected automatically by cookies, web beacons or other similar technologies (described in the “Cookies and other tracking technologies” section of this Statement) may include:
information about your device, such as your device type/model, number and device ID (e.g. MAC address);
information about your browser, settings (e.g. language) and operating system;
your internet protocol (IP) address (including in some instances, your perceived location);
unique advertising identifiers;
transactional and purchase information; and
browsing and usage activity, such as the referring domain, what websites/content you have viewed or actions you have taken on a particular website.
Depending on the Services being used or the websites you access, we may also collect geolocation information through your devices. For example, we may show you what restaurants in your area are available within our mobile application(s). This information may be collected via GPS, Bluetooth, cellular or WiFi technologies. You can adjust your settings at the device or browser level to disable the use of these technologies.
4. How we use personal information
We use personal information to:
To provide, maintain and support our Services, including
to provide updates, support and training related to the Services;
to determine the suitability of individuals in relation to their use of certain Services;
for contracting and agreement purposes;
to process transactions and payments through the Services;
to enable our Merchants and our Merchants Employees to access and use the Services, including information that you have provided as part of using the Services; and
to provide online services, including verifying your identity, as well as diagnosing technical and service issues.
To manage our business and for internal operational purposes, including
analyzing the performance of our Services;
creating and developing analytics for the benefit of our business and the business of our Merchants;
research purposes, including the development of new products;
assessing the effectiveness of Services; and
improving our Services.
To personalize your experience, including
using transactional data and order histories to provide recommendations when using our Services or those of our Merchants; and
using analytics and profiling technology to personalize your online experience.
To advertise and market to you, including
sending you marketing communications, either directly or through a third party, in relation to our existing or new Services that we think might interest you; and
enabling our Merchants, either directly or through a third party, to advertise their products and services to you.
Any communications sent to you pursuant to this section shall either be permitted under the applicable law or with your consent. Please see the “Your rights and choices” section of this Statement for more details on opting out of these communications and updating your preferences.
To communicate with you or provide information you have requested, including
to provide notifications in relation to your purchases;
sending you white papers and other materials from our website;
providing you with our newsletter, podcast and other subscription materials;
sending you digital receipts; and
responding to feedback that you have provided in relation to your experience using one of our products or Services or those of our Merchants.
For legal, compliance and security-related purposes, including to
secure and protect our network and systems;
identify and protect against fraud and other crimes;
establish, exercise or defend legal claims;
fulfilment of our contractual obligations; and
monitor and report compliance issues.
5. How we share information
WowBI may share personal information as part of providing the Services and for the purposes described within this Statement. This includes:
with our Merchants and our Merchant’s Employees for the purposes of providing the Services to you, fulfilling your requests and for the other purposes described in this Statement;
with our business partners (including our integration partners) in order to provide, maintain and improve our Services;
with our parent, subsidiary, or affiliate companies, agents (if any) for the purposes outlined above;
with third parties to provide, maintain, and improve our Services, including service providers who access information about you to perform services on our behalf, 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. Please note:
If you are a Merchant Employee whose employer is using the WowBI Payroll and Team Management module, we will share your information with benefits, payroll and other employment-related service providers.
If you are a Merchant that applies for financing through WowBI’s platform, we will share your information (including personal information) with the lender. As part of the application, a credit report will also be requested from third-party credit bureaus to determine your eligibility for such financing.
in connection with, or during the negotiation of, any merger, sale of company stock or assets, financing, acquisition, divestiture, or dissolution of all or a portion of our business; and
if we believe it is necessary to:
protect our rights or property, or the security or integrity of our Services;
enforce the terms of our terms of service or other applicable agreements or policies;
protect us, users of our Services, or the public from harm or potentially prohibited or illegal activities;
investigate, detect, and prevent fraud, security breaches; or
comply with any applicable law, regulation, legal process, or governmental request.
We may also share aggregated and/or anonymized information derived from the Services that does not directly identify you, including device information and information derived from cookies and log files with third parties for the purposes described in this Statement.
6. Retention of personal information
We retain personal information as long as reasonably necessary to provide the Services, carry out the purposes described in this Statement or as otherwise required in order to comply with our records retention periods (which reflect the applicable law). For example, we may retain information about users of our Services in order to comply with our legal and regulatory obligations or to protect our interests as part of providing the Services.
7. Cookies and other tracking technologies
Cookies: A small text file placed and saved in your browser when you access our websites and potentially the websites of our Merchants, business partners and other third parties. We use both session cookies (i.e. cookies that are stored only for a specific website visit) and persistent cookies (i.e. cookies that are stored beyond a specific website visit) to provide the Services and for the purposes described in this Statement. These cookies may be set by us (first party cookies) or set by third parties that collect information on our behalf (third party cookies), such as Google Analytics.
Web beacons: A small graphic file placed on a website (or websites) or email that tracks your activity and monitors your behavior. We use web beacons within our Services to collect usage and performance data.
As part of using the Services, we use these technologies as well as similar technologies within our Services and across our websites. Examples include:
to provide our Services (e.g. authentication within the check-out process);
to uniquely identify you and/or your device;
to store your preferences as part of providing the Services;
for personalization and targeted advertising purposes (including across your devices and applications);
for security and fraud-prevention purposes;
to analyze and monitor the performance of our Services;
to improve and develop new Services; and
to understand your use of the Services over time.
There are ways to control and/or reject the setting of cookies and similar technologies within your browser settings. As each browser is different, please consult the “help” menu within your browser. For additional information about cookies and how to control their use on various browsers and devices, you can visit http://www.allaboutcookies.org. Please be aware that depending on the Services being used, restricting cookies may prevent you from accessing and using all or part of the Services.
Your choices about online ads
We support the self-regulatory principles for online advertising (“Principles”) published by the Digital Advertising Alliance (“DAA”). This means that we allow you to exercise choice regarding the collection of information about your online activities over time and across third-party websites for online interest-based advertising purposes. More information about these Principles can be found at www.aboutads.info. If you want to opt out of receiving online interest-based advertisements on your internet browser from advertisers and third parties that participate in the DAA program and perform advertising-related services for us and our partners, please follow the instructions at www.aboutads.info/choices, or http://www.networkadvertising.org/choices/ to place an opt-out cookie on your device indicating that you do not want to receive interest-based advertisements. Opt-out cookies only work on the internet browser and device they are downloaded onto. If you want to opt out of interest-based advertisements across all your browsers and devices, you will need to opt out on each browser on each device you actively use. If you delete cookies on your device generally, you will need to opt out again. If you want to opt out of receiving online interest-based advertisements on mobile apps, please follow the instructions at http://www.aboutads.info/appchoices.
Do not track
We may use, and we may allow third-party service providers and other third parties to use, cookies or other technologies on our Services that collect information about your browsing activities over time and across different websites following your use of the Services. Do Not Track (“DNT”) is an optional browser setting that allows you to express your preferences regarding tracking across websites. We currently do not respond to DNT signals. We may continue to collect information in the manner described in this Privacy Statement from web browsers that have enabled DNT signals or similar mechanisms.
8. Your rights and choices
Managing your information
We want to ensure that you have the necessary tools at your disposal to manage your personal information. It is also important that you ensure that you information is accurate and up to date. Your ability to update and manage your personal information will differ depending on your relationship with WowBI and what Services you use. For example,
As a Merchant, for certain services, you may access, change or correct certain account information at any time by logging into your account. In other instances, please contact our customer success team.
As a Merchant Employee using the WowBI Payroll and Team Management module, you have the ability in many cases to access and update your information through the Services. In other instances, please reach out to your Merchant Employer.
As a Diner, depending on the Services you use, you may be able to access, change and update your information through an account created as part of the Services (e.g. a Digital Ordering Account). If you are a Diner and would like to have your account deleted or have other questions about your Digital Ordering Account, please contact hello@WowBI.co.
In other instances, if applicable, see the instructions provided as part of the Services or contact us as described in the “How to contact us” section of this Statement. We may need to verify your identity before changing or correcting your information. In certain instances, we may not be able to make the correction or accommodate the request due to legal, contractual or technical restrictions.
Please note that depending on your status and location, you may be entitled to additional information rights in relation to the processing of your personal information. For more information regarding these rights, and the locations where these rights are available, please see the applicable addendums in this Statement.
As part of providing the Services, WowBI (whether directly or through a third party), may send you:
Marketing communications: Depending on the nature of our relationship and the Services being used, we may send you marketing and other promotional communications. You can opt out of or unsubscribe from any marketing communications by following the instructions in those messages, by changing your communications preferences within your account or through your device. You can also opt out by contacting us at hello@WowBI.co. Opting out of one communication will not necessarily opt you out of all marketing communications. Please note that you may still receive certain non-marketing communications after opting out. These messages may include transaction-specific communications, messages as part of a loyalty program or account-specific communications.
In certain cases, our Merchants may also send you marketing and promotional communications as part of the Services, including when you visit a Merchant using WowBI or join a Merchant-specific loyalty program. In these instances, please follow the instructions within those messages or reach out to the Merchant directly.
Other communications: As part of your interaction with our Services, you may receive various non-marketing communications from WowBI. These include:
sending you digital receipts via email or by text message;
notifications sent by Merchants as part of our Services, such as order status, delivery or pick up notifications;
responding to feedback that you have provided in relation to the Services of WowBI or one of our Merchants;
account or program-specific messages as part of your use of the Services (e.g. loyalty accounts with our Merchants or by setting up a Digital Ordering Account); or
messages associated with contests, competitions or promotions that you have elected to participate in.
In certain cases, depending on the nature of your relationship with WowBI and the Services being used, you may also receive messages from third-party service providers and business partners.
For additional information about how we communicate with you, please contact us at privacy@WowBItab.com.
We implement appropriate administrative, technical, and organizational security measures to protect your personal information against unauthorized access, disclosure, damage or loss. However, even though we have taken measures to protect your personal information, we cannot guarantee that the collection, transmission and storage of personal information will always be completely secure.
10. Links to other websites
This Privacy Statement only applies to information collected when visiting our websites or otherwise using our Services. While visiting our websites or using the Services, you may be directed through links to third-party websites or services that are not operated or controlled by us. For example, the websites of our Merchants or business partners that provide services as part of this Statement. We are not responsible for the privacy practices and policies of these third parties. As a result, we encourage you to review the privacy policies of these third-party websites as their practices may differ from ours.
Our Services are not targeted or directed at children under the age of 13, and we do not intend to, or knowingly, collect or solicit personal information from children under the age of 13. If you have reason to believe that a child under the age of 13 has provided personal information to us, we encourage the child’s parent or guardian to contact us as described in the “How to Contact Us” section of this Statement to request that we remove the information from our systems. If we learn that any personal information we collected has been provided by a child under the age of 13, we will promptly delete that personal information.
We do, however, process personal information about children when it is necessary for the services we are offering, and you provide it to us. For example, if you are a Merchant Employee, we may collect information relating to children if your employer is using the WowBI Payroll and Team Management module and you add them as dependents under your benefits policies.
12. How to contact us
If you have questions or concerns about our Privacy Statement or practices, you can reach us at:
By email: hello@WowBI.co
By post: Attn: WowBI Privacy Office, WowBI, Inc.,
A downloadable version of this Statement can be found here.
12. Changes to this Privacy Statement
From time to time, we may revise this Privacy Statement in order to comply with the applicable law or our changing business practices. Unless we are required by the applicable law to provide a prescribed form of notice and/or obtain consent, updated versions of this Statement will be posted on this website. An archived version of our previous Privacy Statement can be found here. Please check this website and this Privacy Statement regularly for updates.
Addendum A – United States (California)
Last updated: July 1, 2020
1. Privacy Statement for California Residents as required by the California Consumer Privacy Act of 2018 (“CCPA”).
The provisions below supplement the information provided in the generally applicable portion of our Privacy Statement and apply solely to individuals that are residents of California and qualify as a “Consumer” under the CCPA. This California-specific Statement provides additional information about how we collect, use, disclose and otherwise process the personal information of these individuals, either online or offline, within the scope of the CCPA. Any terms defined in the CCPA or as otherwise defined in our Privacy Statement have the same meaning as used in this addendum.
When we use the term “personal information” in this Statement, we mean information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household.
A. CCPA personal information table
The below table summarizes:
The categories of personal information collected by WowBI in the past 12 months;
The sources of collection of the personal information;
How we use your personal information; and
The categories of personal information disclosed for a business purposes by WowBI in the past 12 months.
Please see the generally applicable section of this Privacy Statement for additional information on WowBI’s information practices, including more detail on how we use and disclose your personal information.
Category of personal information
Identifiers, such as your name, address, phone number, email address, date of birth or other similar identifiers
California Customer Records (Cal. Civ. Code § 1798.80(e))
Protected Classification Characteristics
Non-Public Education Information (20 U.S.C. § 1232g, 34 C.F.R. Part 99)
B. Categories of personal information sold
WowBI does not “sell” personal information as most individuals would typically understand that term. However, we do allow certain third-party advertising partners to collect information about Consumers through our Services for purposes of serving ads that are more relevant and other personalization features, for tracking and analytics, and for fraud detection and reporting. The categories of personal information impacted may include:
Internet/Network Information; and
Each of the above categories of information may be disclosed to our third-party service providers or business partners depending on the nature of a user’s interaction. To the extent this practice is interpreted to constitute a “sale” under the CCPA, please see our Privacy Statement section titled “Cookies and other tracking technologies” for more information including how to exercise your rights to opt-out of cookies, analytics and personalized advertising. To the extent that these practices qualify as “sales” under the CCPA, you may have the right to opt out as described in the “How to invoke your rights” section below. WowBI has no actual knowledge that the “sales” described above include the personal information of individuals under 16 years of age.
C. Description of rights available to Consumers
A number of individual rights are available to individuals under the CCPA relating to personal information that we have collected (subject to certain limitations at law), including:
The right of access: you have the right to request that an in-scope business that collects personal information from you, disclose the following in relation to the preceding 12 month period, upon verification of your identity: (i) the categories of personal information collected about you, (ii) the categories of sources where the personal information was collected, (iii) the business or commercial purposes for collecting (or where applicable, selling) the personal information, (iv) the categories of personal information that we have disclosed to third parties for a business purpose along with the corresponding recipients, (v) the categories of personal information we have sold along with the corresponding recipients, and (vi) the specific pieces of personal information collected about you.
The right of deletion: you have the right to request that an in-scope business delete personal information that it has collected from you, subject to certain exceptions.
The right to opt out of personal information sales: you have the right to request that an in-scope business refrain from selling personal information it has collected about you to third parties now or in the future. If you are under the age of 16, you have the right to opt in, or to have a parent or guardian opt in on your behalf, to such sales.
The right against discrimination: you have the right to not be discriminated against as a result of exercising any of the above rights. However, please note that if the exercise of these rights limits our ability to process personal information (such as in the case of a deletion request), we may no longer be able to provide you with our Services or engage with you in the same manner.
Please note that your ability to invoke the rights above are limited pursuant to the scope and limitations of the CCPA, including any available exceptions. For example, an access request can only be made twice by a Consumer within a 12 month period.
D. How to invoke your rights
WowBI has established an individual rights portal for the purposes of submitting your individual rights requests above. The link to WowBI’s individual rights portal can be found here. Individual rights requests can also be submitted to WowBI through the below channels:
By email: hello@WowBI.co
By post: Attn: WowBI Privacy Office, WowBI, Inc.,
Once an individual rights request has been submitted, WowBI may ask you for additional information in order to verify your identity or to provide additional details to help us respond to your request. This may include your name, email address, phone number or other details related to your use of WowBI’s Services. Where applicable, these requests can be submitted by an authorized agent through the channels described above in accordance with the applicable law. Please note that in certain circumstances, we may refuse to act or impose limitations on your rights, as permitted by the applicable law.
As noted above, we do not “sell” personal information as traditionally defined, but certain third-party advertising practices may qualify as "sales" under the CCPA. To the extent applicable, an opt-out mechanism has been provided in the "Categories of personal information sold" section above. You may also exercise your right to opt out of any sales outside this scope by clicking here. You do not need to create an account with us to exercise your right to opt out of personal information sales. However, if applicable, we may ask you to provide additional personal information so that we can properly identify you in our dataset and to track compliance with your opt out request. We will only use personal information provided in an opt out request to review and comply with the request. If you choose not to provide this information, we may only be able to process your request to the extent we are able to identify you in our systems. Once you make an opt-out request, you may change your mind and opt back in to future personal information sales at any time by contacting us at hello@WowBI.co.
E. Updates to this Statement
We will update this Statement from time to time. When we make changes to this Statement, we will change the "Last updated" date at the beginning of this Statement. All changes shall be effective from the date of publication unless otherwise provided in the notification.
2. California “Shine the Light” disclosure
California residents that have an established business relationship with us have a right to know how their information is disclosed to third parties for their direct marketing purposes under California’s “Shine the Light” law (Civ. Code § 1798.83). Please contact us through any of the communication channels within the “How to contact us” section in the main body of this Statement to invoke these rights.