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Integrations New
Attract & Retain Your Guests
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Toast Capital
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Toast Capital
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TOAST PRIVACY STATEMENT
Effective: February 2, 2022
1. Introduction and scope
This Privacy Statement describes how Toast, Inc. and its subsidiaries and
affiliates (collectively “Toast”, “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 Toast to provide the Services within their restaurants;
* Merchant Employees: employees of our Merchants that use the Services; and
* Guests: individuals that use the Services at one of our Merchant’s
restaurants or directly through Toast.
In addition to the groups above, this Statement also covers individuals that
visit our websites, including https://pos.toasttab.com (referred to generally as
our “Websites”) and our third-party business partners.
For individuals using our Toast Pay Card and PayOut service, you are authorizing
and directing Toast to obtain information (e.g., transaction data) from any
Toast Pay Card issuing bank or processor in order for Toast to provide that
service to you. We will use and share any information that we collect from you
pertaining to that Service in accordance with our Privacy Notice found here or
within the MyToast mobile application.
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)
* Canada
* Ireland
Please note that our Merchants are independent third parties that maintain their
own business practices and policies outside of their relationship with Toast 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. We may amend this Statement from time
to time in line with the “Updates to this Privacy Statement” section below. To
the extent permitted by law, your continued use of the Services and Websites
constitutes your acceptance to those amendments and the updated Statement.
2. Definitions
Here are a few other terms we use throughout this Privacy Statement that you
should know:
* “Toast 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 or administered 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 Toast 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)”);
* other mobile application(s) developed as part of the Services, including
our Merchant and Merchant Employee-facing mobile applications (e.g., the
MyToast mobile application);
* Health, wellness and other benefit products or services developed, or
offered, by Toast or its third-party business partners from time to time
for Merchant Employees; and
* Merchant financing (including, but not limited to, Toast Capital Loans),
card products, such as the Toast Restaurant Card and Toast Pay Card (as
issued by Sutton Bank, Member FDIC, pursuant to license by Mastercard
International Incorporated, or any subsequent issuer) and other financial
products offered by Toast or its business partners, including, without
limitation, banks and other financial institutions.
(collectively referred to as the “Services”). Please note that certain Services
may be facilitated through our Websites or through our third-party business
partners.
* “You” and/or “your” is a Merchant, a Merchant Employee, a Guest, a visitor to
one of our Websites or other covered data subject.
3. Personal information we collect
What personal information we collect will depend on the nature of your
interaction with the Services and our Websites. While some information is
collected automatically or through sources outside of Toast, most is collected
when you use our Services or our Websites. A breakdown of the collection has
been provided in the sections below.
Personal information collected through the Services
A. Merchants
If you are a Merchant, we will collect personal information from you in
connection with your service agreement and use (or prospective use) of the
Services, including, as applicable,
* your name;
* address;
* email;
* date of birth; and
* phone number.
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.
For Merchants using the Toast Restaurant Card, in addition to certain
information already collected above, Toast will also collect information about
your Toast Restaurant Card account, authorized users and transaction history as
part of the Service.
If you are a business partner that is looking to integrate with Toast, 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:
* your name;
* email;
* phone number;
* employee identification number;
* address;
* 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 Toast 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;
* gender;
* marital status;
* disability status;
* ethnicity; and
* your dependent and beneficiary information.
Please note that the actual personal information collected will depend on the
specific Toast Payroll and Team Management services that you or your employer
has elected to use. Please contact your employer for additional information.
For Merchant Employees using the Toast Pay Card and PayOut Service, in addition
to certain information already collected above, Toast will also collect
information about your account and transaction history as part of the Service.
For more information about this Service, please see the Privacy Notice here or
within the MyToast mobile application.
C. Guests
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:
* your name;
* 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 media channels (e.g.,
blogs, podcasts, etc.). This personal information may include:
* your name;
* email; and
* phone number.
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 Guest 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), banks and other financial
institutions 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), complete a transaction, 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;
* workforce development;
* 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 and Websites.
* 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 on our Websites.
* 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 or our business partners, 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 Websites;
* providing you with our newsletters, podcasts 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
* comply with our legal obligations, including under anti-money laundering,
know-your-customer or similar laws in any relevant jurisdiction;
* secure and protect our network and systems;
* identify and protect against fraud and other crimes;
* establish, exercise or defend legal claims;
* perform our contractual obligations; and
* monitor and report compliance issues.
5. How we share information
Toast 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 Merchants' 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 and expand 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 or on behalf of our Merchants, such as hosting and information
technology services, payment services, identity verification and fraud
prevention services, marketing and advertising services, data analytics and
personalization services and customer support services. Please note:
* If you are a Merchant Employee whose employer is using the Toast 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 Toast’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; or
* if we believe it is necessary to:
* protect our rights or property, or the security or integrity of our
Services or our Websites;
* 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 and 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.
For individuals using the Toast Pay Card and PayOut Service, please see our
Privacy Notice here or within the MyToast mobile application for information on
how we disclose your information for the purposes of providing that Service.
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
Toast and third parties described in this Statement may use cookies, web beacons
and other tracking technologies as part of providing the Services and for the
purposes described in this Statement. This includes:
* 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 your 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 specific internet browser and device that 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 set the opt-out cookie again on that device. If you want to opt
out of receiving online interest-based advertisements on mobile applications,
please follow the instructions at http://www.aboutads.info/appchoices.
Please note that when you opt out of receiving interest-based advertisements,
this does not mean you will no longer see advertisements from us or on our
online services. It means that the online ads that you do see from DAA program
participants should not be based on your interests. We are not responsible for
the effectiveness of, or compliance with, any third-parties’ opt-out options or
programs or the accuracy of their statements regarding their programs. In
addition, third parties may still use cookies to collect information about your
use of our online services, including for analytics and fraud prevention as well
as any other purpose permitted under the DAA’s Principles.
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 Toast 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 Toast Payroll and Team Management module or
other Merchant Employee-facing Services, 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 Guest, 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 Guest and would
like to have your account deleted or have other questions about your Digital
Ordering Account, please contact support@toasttakeout.zendesk.com.
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.
Managing communications
As part of providing the Services, Toast (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 for new or existing Services that we think you might be
interested in. These marketing communications may include marketing text
messages if you have opted in to receiving them. 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
privacy@toasttab.com. 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. If you are located in
Ireland or Canada, we will not send you direct marketing communications
without your opt-in consent or as otherwise permitted under the applicable
law. Additional information about this practice in Ireland is set out in the
Ireland addendum in this Statement.
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 Toast 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 Toast. 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 Toast 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 Toast 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@toasttab.com.
9. Security
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.
11. Children
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 Toast 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 our practices,
you can reach us at:
* By email: privacy@toasttab.com
* By post: Attn: Toast Privacy Office, Toast, Inc., 401 Park Drive, Suite 801
Boston, MA 02215
* By phone: +1 (866) 226-4484
A downloadable version of this Statement can be found here.
13. 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.
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Addendum A – United States (California)
Last updated: February 2, 2022
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 Addendum, 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 Toast 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 business purposes by
Toast in the past 12 months.
Please see the generally applicable section of this Privacy Statement for
additional information on Toast’s information practices, including more detail
on how we use and disclose your personal information.
Category of personal informationCollected?Categories of sourcesCommercial or
business purposeHow we disclose your personal informationIdentifiersYes
* Provided directly to Toast
* Automatically collected
* Provided to Toast by our business partners
* Provided to Toast by our service providers
* Provided to Toast by our Merchants
* To provide, maintain and support our Services
* To manage our business and for internal operational purposes
* To advertise and market to you
* To personalize your experience
* To communicate with you or provide information you have requested
* For legal, compliance and security-related purposes
* With our Merchants and our Merchant Employees
* With our business partners
* With our third-party service providers
* With legal and other regulatory authorities
California Customer Records (Cal. Civ. Code § 1798.80(e))Yes
* Provided directly to Toast
* Provided to Toast by our business partners
* Provided to Toast by our service providers
* Provided to Toast by our Merchants
* To provide, maintain and support our Services
* To manage our business and for internal operational purposes
* To advertise and market to you
* To communicate with you or provide information you have requested
* For legal, compliance and security-related purposes
* With our Merchants and our Merchant Employees
* With our business partners
* With our third-party service providers
* With legal and other regulatory authorities
Protected Classification CharacteristicsYes
* Provided directly to Toast
* Provided to Toast by our Merchants
* To provide, maintain and support our Services
* For legal, compliance and security-related purposes
* With our Merchants and our Merchant Employees
* With our third-party service providers
Commercial Information
* Provided directly to Toast
* Provided to Toast by our business partners
* Provided to Toast by our service providers
* Provided to Toast by our Merchants
* To provide, maintain and support our Services
* To manage our business and for internal operational purposes
* To personalize your experience
* For legal, compliance and security-related purposes
* With our Merchants and our Merchant Employees
* With our business partners
* With our third-party service providers
* With legal and other regulatory authorities
Biometric InformationNoN/AN/AN/AInternet/Network InformationYes
* Provided directly to Toast
* Automatically collected
* Provided to Toast by our service providers
* To provide, maintain and support our Services
* To manage our business and for internal operational purposes
* To personalize your experience
* To advertise and market to you
* With our Merchants and our Merchant Employees
* With our third-party service providers
Geolocation DataYes
* Provided directly to Toast
* Automatically collected
* Provided to Toast by our service providers
* To provide, maintain and support our Services
* To personalize your experience
* To advertise and market to you
* For legal, compliance and security-related purposes
* With our Merchants and our Merchant Employees
* With our business partners
* With our third-party service providers
Sensory InformationYes
* Provided directly to Toast
* Provided to Toast by our service providers
* To provide, maintain and support our Services
* For legal, compliance and security-related purposes
* With our third-party service providers
Profession/Employment InformationYes
* Provided directly to Toast
* To provide, maintain and support our Services
* With our Merchants and our Merchant Employees
* With our third-party service providers
Non-Public Education Information (20 U.S.C. § 1232g, 34 C.F.R. Part
99)NoN/AN/AN/AInferencesYes
* Provided directly to Toast
* Provided to Toast by our business partners
* Provided to Toast by our service providers
* Provided to Toast by our Merchants
* To provide, maintain and support our Services
* To manage our business and for internal operational purposes
* To personalize your experience
* To advertise and market to you
* With our Merchants and our Merchant Employees
* With our business partners
* With our third-party service providers
B. Categories of personal information sold
Toast 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:
* Identifiers;
* Internet/Network Information; and
* Inferences.
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
interactions. To the extent the setting of cookies and similar technologies is
interpreted to constitute a "sale" under the CCPA, Consumers can exercise their
right to opt out of these sales through our cookie management tool that can be
accessed by clicking on our "Do not sell my personal information" link at the
bottom of https://pos.toasttab.com. You may also review our Privacy Statement
section titled "Cookies and other tracking technologies" for more information on
how Toast uses cookies, analytics and personalized advertising. Toast 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
Toast has established an individual rights portal for the purposes of submitting
the individual rights requests above, including the right of access and
deletion. The link to Toast's individual rights portal can be found here.
Individual rights requests can also be submitted to Toast through the below
channels:
* By email: privacy@toasttab.com
* By post: Attn: Toast Privacy Office, Toast, Inc., 401 Park Drive, Suite 801
Boston, MA 02215
* By phone (toll-free): +1 (866) 226-4484
Once an individual rights request has been submitted, Toast 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 Toast’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 be interpreted to constitute a
"sale" under the CCPA. In these instances, the right to opt out of the sale of
personal information can be invoked through our cookie management tool that can
be accessed by clicking on our "Don't sell my personal information" link at the
bottom of http://pos.toasttab.com. Although Toast does not currently engage in
other practices at this time that may constitute a "sale" beyond these instances
and the methods above are the most effective methods to manage your preferences,
you may also submit your right to opt out of any sales outside this scope by
clicking here or in instances where you would like additional support. 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
privacy@toasttab.com or by managing your preferences within the cookie
management tool.
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.
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Addendum B – Canada
Last updated: November 16, 2020
1. Privacy addendum for individuals located in Canada
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 Canada or are otherwise covered under any applicable Canadian
federal or provincial privacy laws or regulations, including but not limited to
The Personal Information Protection and Electronic Documents Act (“PIPEDA”).
A. Consent
By using our Services and accessing our Websites, you accept the terms of this
Privacy Statement and consent to the collection, use, processing, disclosure and
retention of your information as described in this Privacy Statement. Typically,
we will provide notice and/or seek your consent (which may be express or
implied) in line with the applicable law at the time that we collect your
personal information. In certain circumstances, we may collect non-sensitive
personal information automatically. In general, you may change or withdraw your
consent at any time subject to legal or contractual obligations and reasonable
notice. The revocation of consent may impact the ability of Toast to provide
specific Services.
B. Accessing and correcting your personal information
If you are located in Canada, you have the right to request access to and to
correct the personal information that we hold about you. Subject to the
applicable law and the nature of your relationship with Toast, this may include
a right to review, correct, update, suppress, delete or otherwise limit our use
of your personal information that has been previously provided to us.
Toast has established an individual rights portal for the purposes of submitting
your individual rights requests above. The link to Toast’s individual rights
portal can be found here. Individual rights requests can also be submitted to
Toast through the below channels:
* By email: privacy@toasttab.com
* By post: Attn: Toast Privacy Office, Toast, Inc., 401 Park Drive, Suite 801
Boston, MA 02215, United States of America
* By phone (toll-free): +1 (866) 226-4484
In your request, please specify what information you would like to access or
have changed. We will comply with your request as soon as reasonably
practicable. The exercise of these rights is free of charge. Once an individual
rights request has been submitted, Toast 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 Toast’s Services or Websites.
Please note that in certain circumstances, we may refuse to act or impose
limitations on your rights, as permitted by the applicable law. If we cannot
provide you with access to your personal information, we will inform you of the
reasons why, subject to any legal or regulatory restrictions. In certain cases,
depending on the nature of your request, there may also be residual information
that will remain within our databases and other records, which, due to
applicable law or as part of Services that are in the process of being carried
out, will not be removed or changed. We will also retain information relating to
your request for recordkeeping and compliance purposes.
C. International transfers
The personal information collected as part of the Services or as otherwise
contemplated by this Statement is primarily processed in the United States.
However, as Toast is an international organization with business processes,
offices and third parties around the world, your information may be sent to any
country in the world where we do business or maintain third-party relationships.
When you provide personal information to us through the Services and as part of
this Statement, you consent to the transfer of your information and the
processing of your information in this manner. Any international transfers made
will be in accordance with this Statement and the applicable law. We also impose
appropriate contractual safeguards on third parties and other parties that might
access the information.
D. Right to file a complaint
If you believe any privacy laws relating to the protection of your personal
information or the practices described in this Statement have not been
respected, you may file a complaint with our Head of Privacy at the address
listed below:
* By email: privacy@toasttab.com
* By post: Attn: Head of Privacy, Toast, Inc., 401 Park Drive, Suite 801
Boston, MA 02215, United States of America
* By phone (toll-free): +1 (866) 226-4484
We will investigate all complaints. If, after an investigation, your complaint
is deemed justified, Toast will take appropriate steps to correct the situation,
including, if necessary, amending our policies and practices. If you are not
satisfied with the results of the investigation or the corrective measures taken
by Toast, you may exercise the remedies available under law by contacting the
Office of the Privacy Commissioner of Canada at the address below:
Office of the Privacy Commissioner of Canada
30 Victoria Street
Gatineau, Quebec
K1A 1H3
https://www.priv.gc.ca
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Addendum C – Ireland
Last updated: October 12, 2021
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 Ireland or are otherwise afforded rights pursuant to the
General Data Protection Regulation (“GDPR”) and local implementing legislation.
To the extent that there is a conflict between the provisions of this Addendum
C and the provisions of the main body of the Privacy Statement, the provisions
of this Addendum C shall prevail.
A. Data controller(s)
The “data controller” within the meaning of the GDPR is the legal person
responsible for the processing and which decides alone or in cooperation with
others which personal information (which includes Personal Data as defined under
the GDPR) is being collected as well as the purposes and the technical and
organizational means with regard to the processing of that personal
information.
For the purposes of the processing pursuant to this Statement, the joint data
controllers will include:
* Toasttab Ireland Limited (“Toast Ireland”)
34-37 Clarendon Street
Dublin 2
Ireland
D02 DE61
* Toast, Inc. (“Toast US”)
401 Park Drive, Suite 801
Boston, MA 02215
United States of America
Toast US is primarily responsible for ensuring that personal information is
collected and processed pursuant to the applicable law. These obligations
include (a) the implementation of appropriate data protection policies, (b) the
management and notification of security incidents involving personal
information, (c) the completion of data protection impact assessments (where
appropriate) and (d) the implementation of appropriate technical and
organizational security measures. Toast US is also responsible for managing any
requests that you may make to exercise your rights under the GDPR or other
applicable data protection legislation, on behalf of both Toast Ireland and
Toast US.
Toast Ireland is responsible for managing aspects of the processing that are
within its control as part of the joint controller relationship. This includes
support and management pertaining to the provision of the Services, obtaining
consents from data subjects (where applicable) as well as support with providing
notice to data subjects. Where Toast Ireland receives a data subject request
under the GDPR, Toast Ireland will promptly notify Toast US of the request.
As a data controller, we are free to rely on “data processors” (as defined
within the GDPR) and have engaged various third-party service providers in order
to provide the Services as well as for other purposes described in the main body
of the Privacy Statement. For more information, see the “How we share
information” section of the Privacy Statement.
Toast Ireland and Toast US also act as processors on behalf of our Merchants
Employees in connection with certain aspects of our Services. The Merchant is
the data controller in respect of this relationship.
B. Legal basis for processing
We collect and process your personal information based on the following legal
bases:
* in order for us to perform our contract with you, as described in the main
body of the Privacy Statement;
* for the purposes of complying with legal obligations or in connection with
related claims;
* in order to pursue our legitimate interests of effectively managing our
business operations and improving our products and services in accordance
with (Art. 6(1)(f) GDPR); and
* if applicable, with your consent.
Purpose of processing
Legal basis for processing
To provide, maintain and support our Services
Necessary for the performance of our contract with you
To manage our business and for internal operational purposes
Necessary for our legitimate interests of effectively managing our business
operations and improving our products and services
To personalize your experience
Necessary for our legitimate interests of effectively managing our business
operations and improving our products and services
To advertise and market to you
Your consent or as necessary for our legitimate interests of effectively
managing our business operations and improving our products and services
To communicate with you or provide information you have requested
Necessary for the performance of our contract with you (or, in some cases where
we do not have a contract with you, your consent)
For legal, compliance and security-related purposes
Necessary for compliance with our legal obligations, or otherwise for our
legitimate interest in establishing, exercising or defending our legal rights
We will only use and process your personal information in accordance with the
GDPR, any Irish implementing legislation and any replacement legislation
governing the processing of personal information. Please see the “How we use
personal information” section in the main body of the Privacy Statement for more
information on our purposes of processing.
If you fail to provide certain information when requested, we may not be able to
perform the contract we have entered into with you (such as providing Services),
or we may be prevented from complying with our legal obligations.
C. International Transfers
We may transfer the personal information we collect about you for the purposes
described in this Privacy Statement to countries that have not been found to
provide an adequate level of data protection by the European Commission. In
particular, we may transfer your personal information to the United States. As
an individual located in Ireland, a transfer of your personal information
outside the European Economic Area (EEA) can be made to countries that the
European Commission has found to provide an adequate level of data protection,
or, if that is not the case, to a non-adequate country to the extent that Toast
has made the necessary contractual arrangements, taking into account the
standard provisions as imposed by the European Commission, to ensure that your
personal information receives an adequate level of data protection in that
country.
We use appropriate safeguards for the transfer of personal information among our
affiliates in various jurisdictions, and where required, we have implemented the
European Commission controller-to-controller and controller-to-processor
standard contractual clauses, or other legally recognized safeguards, for data
transfer purposes. To obtain a copy of these clauses or additional information
on transfers, please send a request to privacy@toasttab.com.
D. Sensitive personal information
Toast may collect sensitive personal information as part of the provision of
certain Services described in the main body of this Privacy Statement where
required under the applicable law or pursuant to local requirements. Where
permitted under the applicable law, we may also collect sensitive personal
information if you elect to provide it to Toast.
E. Choice and access
You have additional rights regarding how your personal information is processed,
including the right to:
* request access to and obtain a copy of your personal information;
* request the transfer of your personal information you have provided to us to
you or another company in a structured, commonly used and machine-readable
format;
* request rectification of your personal information when it is inaccurate or
incomplete;
* request erasure of your personal information where permitted under the
applicable law, such as where the information is no longer necessary or
lawful for us to store or where your information is outdated;
* restrict or object to the processing of your personal information (as
applicable); and
* withdraw your consent at any time where this is the legal basis on which we
are processing your personal information.
Please note that if you choose to withdraw your consent, you may not be able to
participate in or benefit from the programs, services and initiatives for which
you provided consent to the processing of your personal information. Your rights
will in each case be subject to the restrictions set out in applicable data
protection laws.
You may exercise these rights free of charge by submitting your request here or
to privacy@toasttab.com. Subject to the applicable law, Toast may charge a
reasonable fee or refuse to act on a request if it is manifestly unfounded or
excessive, in particular because of its repetitive character. In some
situations, Toast may refuse to act or impose limitations on the information
disclosed if, for instance, the disclosure is likely to adversely affect the
rights and freedoms of others, prejudice the execution or enforcement of the law
or interfere with pending or future litigation.
You also have the right to lodge a complaint about our processing of your
personal information with the Irish Data Protection Commission as defined In
Section I below.
F. Cookies and other technologies
Toast’s Cookie Policy can be found here.
G. Children
Our Services are not targeted or directed at children under the age of 16, and
we do not intend to, or knowingly, collect or solicit personal information from
children under the age of 16. If you have reason to believe that a child under
the age of 16 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
within main body of the Privacy 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 16, we will promptly
delete that personal information.
H. How to contact Toast Ireland
If you have data protection questions specific to Toast Ireland, you can reach
us at:
Attention: Toast Ireland Data Protection Office
Toasttab Ireland Limited
Ballast House 18-21
Westmoreland Street
Dublin 2
D02 PT85
Ireland
Email: privacy@toasttab.com
I. Lodging a complaint
If you are not satisfied with the processing of your personal data by Toast
Ireland or Toast US, you have the right to lodge a complaint with the Data
Protection Commission (for Ireland: https://www.dataprotection.ie/).
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