Privacy Policy

This rGuest Seat Privacy Policy ( “Policy” ) describes the practices Agilysys NV, LLC, a Delaware limited liability company ( “Agilysys,” “we,” “our,” or “us” ), observes when collecting, using, and sharing data and other information through our rGuest Seat offering ( “Information” ).

We offer our rGuest Seat services ( “Services” ) on behalf of restaurants and other businesses that choose to sign-up with Agilysys for our Services (our “Customers” ). Our Services enable our Customers to provide their customers with various online and mobile reservation services. By using the Services we provide on behalf of any of our Customers, you become a user of our Services (a “User” ).

You and other Users may access our Services via:
  • The rGuest Seat software widgets included on websites of our Customers (our “Widgets” ); and
  • The rGuest Seat software applications for phones, tablets, and other mobile devices provided by Agilysys and on behalf of our Customers (our “Applications” ); and
  • Any User-facing rGuest Seat websites where we display this Policy (our “Sites” ).

By using our Widgets, Applications, or Sites (our “Platform” ) you consent to the collection and use of your Information by rGuest as described in this Policy. If you have any questions or concerns regarding this Policy or the Information collection, usage, or sharing practices applicable to the Platform under this Policy, please contact us at privacy@agilysys.com. If we need, or are required, to contact you concerning any event that involves this Policy, your Information, or our Platform we may do so using the email address, telephone number, or physical mail address we have on file for you.

Summary.

Although we encourage you to read this entire Policy, this is a summary of some of the more important aspects of the Policy:

  • This Policy is applicable only to Information collected by and on behalf of rGuest through our own Platform. This Policy does not apply to Information collected by our Customers or by other third parties outside of our Platform.
  • We may collect both Non-Personal Information and Personal Information from you through our Platform. The Personal Information we obtain from you may also include Sensitive Personal Information.
  • We will not use or share your Personal Information (including Sensitive Personal Information) except as permitted by this Policy.
  • You are permitted to “opt out” of certain uses of your Personal Information under this Policy.
  • We will take reasonable and appropriate measures to secure your Personal Information, but we make no promise that your Personal Information will remain secure in all circumstances.

Scope of this Policy.

Our Platform enables Users to access and use the Services we offer on behalf of our Customers in a variety of ways. We may offer our Services through our own Sites bearing the rGuest name. We also offer our Services through the websites of our Customers ( “Customer Sites” ) by way of our Widget. Our Widget is a small software application that is actually included within Customer Sites enabling us to offer our Services through those Customer Sites. In addition, while we may offer our Services through our own Application, we may also offer our Services through Applications we provide on behalf of our Customers ( “Customer Applications” ). These Customer Applications may be provided either under the rGuest name or the name of our Customer. They may also be listed as “powered by” rGuest Seat.

This Policy covers only Information collected through our Platform. It does not cover Information collected through Customer Sites, CUSTOMER Applications, OR ANY THIRD PARTY WEBSITES OR APPLICATIONS. when you leave our Platform and use any Customer Site OR CUSTOMER Application, this Policy does not apply.

When you use the Platform to interact with our Customers, other Users, or third parties, you may share your Information with us or with those Customers, other Users, and third parties. You consent to rGuest facilitating the sharing of your Information with those Customers, other Users and third parties as you direct through the Platform in accordance with this Policy.

We are not responsible for the privacy practices of our Customers, other Users, or third parties. For information about what terms may apply to any Information you share with any of our Customers through any Customer Sites or Customer Applications, or with any third party through other websites or applications, please contact the Customer or the other third party directly before providing them with Your Information.

Types of Information We Collect Through our Platform.

The Information we collect about you through our Platform includes both “non-personal” and “personal” Information. We may also obtain “sensitive” personal information about you through our Platform. For purposes of this Policy:

“Non-Personal Information” refers to information that may not by itself be reasonably associated with, linked to, or used to identify you. For example, non user-specific Information regarding your use of the Platform or the operation of the Platform.

“Personal Information” refers to information that may be reasonably associated with or linked specifically to you or reasonably allow you to be personally identified or contacted. For example, Personal Information may include information such as your first and last name and in certain circumstances your email address, telephone number, or street address, either alone or in combination with other Information.

“Sensitive Personal Information” refers to Personal Information regarding more sensitive areas such as your credit card and certain other financial information or your precise geolocation information.

Sources of Information.

We may collect Information about you through the Platform from a variety of sources, for example:

Directly from You. We may collect Information about you directly from you when you voluntarily provide it to us through our Platform. For example, through placing a reservation with one of our Customer’s through our Platform or communicating with us, our Customers, or other Users through our Platform. We may use any Information you provide to us through the Platform in accordance with this Policy.

From Other Users. We may receive Information about you from other Users when they provide Information through our Platform. For example, when they communicate with you or with us through our Platform. We may use any Information about you other Users provide through the Platform in accordance with this Policy.

From Our Customers. We may obtain Information about you from our Customers based on your interactions with those Customers. For example, if you place a reservation with one of our Customers and they collect Information regarding your experience at their restaurant. We may use any Information about you that we obtain from our other Customers in accordance with this Policy.

From Our Vendors. We may obtain Information about you from the third party vendors that provide services to us. For example, if we rely on third party services to facilitate emails or other messages sent through our Platform, we may receive Information about you from those third-parties. We may use any Information about you that we obtain from our third party vendors in accordance with this Policy.

From Other Third Parties. We may obtain Information about you from third parties that have obtained or collected Information about you and that have the right to provide that Information to us. For example, we may contract with third parties that collect or obtain information about you or to verify certain information about you. We may use any Information about you we obtain from these third parties in accordance with the contractual terms we establish with those third parties. Only if we combine that Personal Information with Information we collect from you under this Policy, will we be required to use that Personal Information in accordance with this Policy as well.

From Our Affiliates, Subsidiaries, and Business Units. We may obtain Information about you from our affiliates and subsidiaries, including companies that we own or control, that own or control us, or that are under common ownership or control with us, regardless of whether these entities share the rGuest brand. We may also obtain Information about you from other business units that also offer websites, applications, or services under the rGuest brand or one of our other brands. We may use any Information about you that we obtain from our affiliates, subsidiaries or business units in accordance with the terms under which that Information was collected by that affiliate, subsidiary or business unit. If we combine that Information with Information we collect under this Policy, then we will use that combined Information in accordance with this Policy as well.

Through the Operation of the Platform. We may collect Information about you automatically when you interact with the Platform. For example, we and service providers may use “cookies,” “web beacons,” and other automated tracking technology to monitor and collect Information regarding how you access, use, and interact with the Platform. “Cookies” are commonly used small files that are stored on your computer or mobile device to help identify you as a unique user of the Platform. “Web beacons” (also known as “single–pixel” or “clear” GIFs) include electronic images imbedded in the Platform that allow us to recognize when you visit that area of the Platform.

We and our third party service providers may use cookies, web beacons, and other tracking technology that expire once you close your browser or log out of the Platform. We may also use technologies that persist and stay on your computer until you delete them. Most browsers will allow you to erase cookies from your computer or mobile device, block acceptance of cookies, or receive a warning before a cookie is stored. You may also be able to refuse certain web beacons by adjusting the settings on your browser or email software. Please refer to your browser or email software instructions or help screen to learn more about these functions.

The computers we use to provide the Platform may also automatically record Information about you. For example, our web servers may record the Information you enter on the Platform, the areas of the Platform you visit, the services you use through the Platform, your IP address, or cookies that are set on your browser. We may use any Information we collect from you automatically through the Platform in accordance with this Policy.

Please note that our third party providers also use cookies, web beacons, or other tracking technologies in messages displayed on or communicated through the Platform. We do not have access to information that would confirm all uses of cookies, web beacons, or other tracking technology by our third party advertisers and providers.

How We Use Information.

Non-Personal Information. We may use and share any Non-Personal Information we collect through the Platform for any lawful business purpose without any duty or obligation of accounting or otherwise to you, provided that the Information remains Non-Personal Information. This will include, by way of example, providing Non-Personal Information to third parties, developing products, services or other offerings based on Non-Personal Information, or research and analysis of Non-Personal Information.

Personal Information. We may use the Personal Information we collect about you through the Platform for a variety of purposes, for example:

  • Operating and providing Services through the Platform;
  • Customizing and improving the Services and Platform for you;
  • Providing maintenance, support, training and service for the Services and Platform;
  • Providing notices, announcements and other communications to you relating to rGuest, the Platform, or your Information;
  • Providing offers for products, services or other offerings to you that we feel may be of interest to you and enabling third parties that we feel may have products, services or other offerings of interest to you to contact you as well;
  • Contacting you for direct marketing purposes regarding products, services and other offerings;
  • Processing payments made through the Platform;
  • Developing additional products, services and offerings; and
  • Research and analysis purposes.

We may combine and enhance the Personal Information we collect about you through the Platform with Information we receive from third parties. We may also combine and enhance Personal Information using Non-Personal Information. In each case, we will treat the combined Information as Personal Information and use it in accordance with this Policy.

We may also use the Personal Information we collect about you through the Platform to generate Non-Personal Information. When we do so, we will take reasonable measures to ensure that the Non-Personal Information is no longer personally identifiable and may not later be reasonably associated with, linked to, or used to identify you. This will include, by way of example, storing the Non-Personal Information separately from any Personal Information. Once we generate Non-Personal Information from any Personal Information, we will not attempt to again make that Information into Personal Information (i.e., to make it personally identifiable). However, we may combine and enhance that Non-Personal Information with other Non-Personal Information (including Non-Personal Information we obtain third parties) and use the Non-Personal Information in accordance with this Policy.

You should not provide any personal information THROUGH the Platform unless you agree to the use of that information in accordance with this Policy.

Sensitive Personal Information. We may receive Sensitive Personal Information from you when you agree to provide it to us through the Platform. For example, when you provide us with credit card or other payment or financial information, allow us to obtain and use your precise geo-location, or choose to share other Sensitive Personal Information in communications with us. rGuest will use any Sensitive Personal Information about you that we receive through the Platform solely in accordance with this Policy to enable the operation of the Platform, the performance of our Services for you, and the exchange of that Information as directed by you. Note though that rGuest is not responsible for monitoring the Sensitive Personal Information you choose to exchange with other Users or third parties through the Platform or for the use of that Information by those other Users or third parties.

How We Share Information.

We may share Information about you in a variety of ways, for example:

Affiliates, Subsidiaries, and Business Units. We may share Information about you with our affiliates and subsidiaries, regardless of whether these entities share the rGuest brand. We may also share Information about you with other business units that also offer websites, applications, or services under the rGuest brand or one of our other brands. We will require that our affiliates, subsidiaries and business units agree to use the Information we share with them in compliance with this Policy.

Users and Social Sharing. We may share Information with other Users when you decide to interact and socialize with those Users (or request that we communicate on your behalf) through the Platform. This may include facilitating communications with other Users or enabling posting of Information to areas of the Platform accessible by other Users.

Customers. We may share Information with our Customers. For example, when you make a reservation with one of our Customers through the Platform.

Business Partners. We may share Information with business partners for which we collect Information through the Platform. We will work with our business partners to provide notice concerning the purpose for which any Personal Information is being collected on behalf of any partner. Unless we otherwise notify you, any information we collect on behalf of a business partner will be in accordance with this Policy.

Service Providers. We may share Information we collect about you with third parties that help us provide any portion of the Platform. For example, we may use third parties to: (a) design, develop, host, maintain, or manage the Platform; (b) provide us with content for the Platform; (c) assist us with providing emails, text messages or other communications to you; (d) analyze Information; (e) host or manage our databases; (f) develop or offer additional products, services or offerings; or (g) provide other services to us relating to the Platform on an outsourced basis, for example, payment processing or identity validation. We require that these third parties agree to use the Information we share with them only to perform their obligations to us and to treat all Personal Information they receive from us in compliance with this Policy.

Law Enforcement. We may share Information with law enforcement agencies if we reasonably believe unlawful activities have occurred or the Information may aid in an ongoing investigation. We may also share Information with law enforcement if we determine, in our sole judgment, that you have violated our agreements or policies or that the release of your Information may protect the rights, property, interests, or safety of rGuest or any third party.

Legal Processes. We may share Information as required by, or permitted by, law, whether in response to subpoenas, court orders, other legal processes, or as we believe necessary to exercise our legal rights, including to defend against potential or actual legal claims brought against us.

Business Transactions. If we transfer ownership or control of any portion of rGuest Seat or the Platform to a third party, whether or not in the context of an acquisition, merger, or reorganization, we may transfer Information that third party, provided that the use of any of your Personal Information by that third party remains subject to the terms of this Policy.

Choice and Opt-out.

We provide you with a choice whether to receive certain messages through the Platform and from rGuest. We also may give you the opportunity to “opt-out” of having your Personal Information shared for certain purposes permitted by this Policy.

If you no longer wish to receive certain messages from rGuest or to have your Personal Information shared by rGuest in the manner permitted by this Policy, you may seek to opt-out of receiving those messages or having your Personal Information shared in that manner. In some cases, messages and sharing of certain Information are necessary to the operation of the Platform. If you wish to opt-out of receiving these messages or of sharing your Personal Information in this manner, rGuest may be required to limit or cancel your access to the Platform.

All opt-out requests made to rGuest can be made as indicated through the Platform or contacting rGuest as described above. Note that it may take up to 10 business days for rGuest to remove contact information from our lists, so messages from us may continue for a time after a removal request is made.

Security.

rGuest understands that the security of your Personal Information is important and is committed to protect and secure your Personal Information. Despite our commitment, no security system can be 100% effective and we cannot guarantee that your Information will be secure in all situations. We will nonetheless take all reasonable and appropriate steps to insure the safety and security of your Personal Information. This includes using industry standard security measures to protect the loss, misuse, and unintended alteration of the Personal Information under our control. For example, our policy is that only those individuals who need your Personal Information to perform a specific job for us are granted access to that Personal Information. Likewise, all employees and contractors are kept up-to-date on our security and privacy practices. Finally, the servers that we store personally identifiable information on are kept in a secure environment.

Additional Terms.

Children. The Platform is intended for use only by individuals 18 years of age and older and thus is not directed to children under 13 years of age. rGuest does not knowingly solicit or collect personal information from children under 13 years of age.

Do Not Track. Certain web browsers and other devices you may use to access the Platform may permit you to indicate your preference that you do not wish to be “tracked” online. At this time we do not modify your experience on the Platform, or modify the Information we collect from you through the Site or Platform, based on whether such a preference is indicated.

Review and Update of Information. While rGuest takes reasonable steps to ensure that the Personal Information we collect from you through the Platform is reliable for its intended use, accurate, complete, and current, we rely on you to update and correct your Personal information. Please contact us as described above to review, update, or change any of your Personal information collected through the Platform.

Your California Privacy Rights. California law provides that California residents have a right to request that businesses tell them how their personal information has been shared with third parties for use in direct marketing purposes. There is an exception to this requirement for businesses that have adopted and disclosed, in their privacy policy, a policy of not disclosing a person’s Personal Information to third parties for use in direct marketing purposes if that person has exercised an option to opt-out of the disclosure of their Personal Information to third parties for such purposes. We have adopted a policy of allowing you to opt-out of the disclosure of your Personal Information to third parties for direct marketing purposes and thus fall within this exception. Instructions for opting out can be found in the section of this Policy entitled “Choice and Opt-Out.”

Notification of Changes. We may notify you of any changes to this Policy by way of an email or by posting on the Platform. Changes to this Policy will be effective 30 days following such notice. Your continued use of the Platform after any change has become effective will constitute your acceptance of that change. Unless we seek and receive consent from you, we will use the Personal Information about you we collect through the Platform in accordance with the version of this Policy effective when the Personal Information was last collected.

Revision Date: September 9, 2014