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 * PRODUCTS
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     * Omni-Channel Messaging
     * CRM
     * Promotions
     * Rewards
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     * Price Optimization
     * Menu Optimization
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Privacy Policysysadmin2022-06-23T12:27:17-04:00

PRIVACY POLICY


Find our other privacy policies here.

For everyone:

Cookie Notice

For Personica customers:

Platform Privacy Policy

Data Processing Agreement

LAST MODIFIED: June 23, 2022

At Personica, we believe that the less information we have about you, the
better.

Personica (Fishbowl Inc.) (“Personica,” “we,” “us,” or “our”) provides a variety
of online, subscription services and in-person services in the digital
marketing, customer relationship management, and brand and business analytics
tools to commercial enterprises mostly focused on the hospitality industry.

This Privacy Policy (“Policy”) explains who we are and describes how we collect,
share, and use personal data about visitors to our website at www.personica.com
(together with its subdomains, such as our blog, the “Site”) and Users of our
mobile, desktop, and web applications (each an “App” and, collectively, the
“Apps”). The Apps and the Site together are the “Services.” Capitalized words
used but not defined in this Policy have the meanings provided in our Terms of
Service (the “Terms”).

We understand that when you use our Services, you are placing your trust in us
to appropriately oversee your personal data. It is this trust that serves as the
basis for our commitment to take a straightforward and transparent approach to
data protection, and part of this approach is ensuring that you are informed
about how we may collect and process your personal data. To ensure you are fully
informed of our practices, we recommend that you read the entire Policy.

OUR ROLE AND OTHER IMPORTANT INFORMATION

Personica as a Controller. This Policy applies where Personica is a controller,
business, or similar operator as those terms are defined under applicable law.
This Policy does not apply to the extent that we process Personal Data in the
role of a processor (or a comparable role such as “service provider” in certain
jurisdictions) on behalf of our Customers, including where we offer to our
Customers the Services, through which our Customers (and/or their affiliates)
conduct their business operations or otherwise collect, use, share, or process
Personal Data via our Services. Please refer to our Platform Privacy Policy for
information regarding how and in what ways Personica operates as a processor or
service provider regarding our Customer’s content and data.

What is Personal Data and Why We Need It. As used in this Policy, “Personal
Data” means information which, either alone or when combined with other
information we hold, identifies an individual, such as name, mailing address,
email address, IP address, and telephone number. By contrast, “Anonymous Data”
means data that, alone or combined with other information available to us or a
third party with whom the data is shared, does not permit identification of an
individual. We collect and use both Personal Data and Anonymous Data as
described below. We need certain Personal Data for our legitimate business
purposes, including to provide the Services. For example, our Users will be
asked to provide certain information to access and the Apps or visitors to our
Site will be asked to consent to use of certain technology to help us tailor our
marketing efforts. This consent, which you may withdraw at any time, provides
the legal basis we need to process your Personal Data. You are not required to
provide the Personal Data that we request, but we may not be able to provide you
with the Services, the Site, or respond to your inquiries if you don’t.

Data Protection Law. Certain provisions of the Policy apply only to residents
of, or people subject to the laws of, jurisdictions with specific statutes
governing individuals’ rights over their Personal Data, such as  California’s
Consumer Privacy Acts (“CCPA” and “CPRA”), the European Union’s General Data
Protection Legislation (“GDPR”), the United Kingdom’s Data Protection Act (“UK
DPA”), and the Canadian Personal Information Protection and Electronic Documents
Act (“PIPEDA”), collectively, the (“Data Protection Law”). These provisions are
clearly labeled. Otherwise, the Policy applies to all users of our Services.

INFORMATION WE MAY COLLECT ABOUT YOU

Over the course of the last twelve (12) months, we have collected information in
the following ways:

Information You Provide.

 * Contact and Registration Data. We collect contact and professional data about
   you through communications and through our Services. For example, you provide
   your contact information to us when you sign up to learn more about our
   Services, download content, register for an event, and/or visit our offices.
   Typically, contact data includes your name and contact methods, such as
   telephone number, email address, and mailing address, and registration data
   includes the business name and mailing address, administrator contact
   information, and may include an end user’s business email address or other
   information.
 * Contract and Payment Data. We may receive contract details (like signatures)
   from you or your organization and use third-party payment processing services
   to collect payment and billing information, which may contain Personal Data
   such as billing name, billing address and payment card details, in connection
   with our Services.
 * Biographical and Support-related Data. We may also collect biographical and
   support-related Personal Data from you via our help center and other customer
   support portals. For example, when you participate in interactive features,
   trainings, online surveys, contests, promotions, sweepstakes, activities, or
   events, we may ask you to provide a biographical information, such as your
   name, occupation, organization name, and areas of expertise. You may also be
   asked to provide contact information, a summary of the problem you are
   experiencing, and any other information that would be helpful in resolving a
   customer support request.
 * Feedback. If you provide us with Feedback, including reviews posted on App
   Stores, or suggestions made via direct research or outreach, we may use
   Personal Data provided in connection with the Feedback in order to respond to
   you. We may use Feedback without limitation as described in the Terms.
 * Job Applicant Data. You provide your contact and professional information,
   including your resume with educational and work background, when you apply
   for a job with us. You may also provide us with sensitive information, like
   your Social Security Number or other government identifier, racial or ethnic
   origin, or other such Personal Data in connection with your job application.
 * Audio, Electronic, or Visual Data. If you attend a Personica event, we may
   record that event, take photos at the event, and interview you at the event.
   We use this information for business and marketing purposes to better inform
   the public about Personica and provide testimonials about our Services.
 * Other Data. We may also collect other types of information in the manner
   disclosed by us when the information is collected.

Data Collected by Technology.

 * Device and Browser Data. We automatically log the following information about
   your computer or mobile device when you access the Services: operating system
   name and version, device identifier, browser type, browser language,
   geolocation, and IP address, which is collected using cookies, as explained
   in the Cookie Policy. This data is used to secure your account, ensure the
   Services are presented in the correct language and optimized for your device,
   facilitate customer support, and for tax and compliance purposes.
 * Usage Data. Like many services, we use logs to collect data about the use of
   the Services (for example, use of features and interactions with the Apps and
   the Site) in order to provide and improve the Services (“Usage Data”). Usage
   Data is kept logically separated from Personal Data. Certain Personica
   personnel can access Usage Data to analyze the use of the Services and
   provide user and technical support. Usage Data is also used to automatically
   send context-appropriate messaging within the Services (e.g., account set-up
   notices), and to generate Aggregated Data.
 * Aggregated Data. We derive information about the use of our Services by
   aggregating Usage Data (e.g., most popular features). This “Aggregated Data”
   is Anonymous Data, is owned by us, and is primarily used to help analyze and
   improve the Services.
 * Cookies. As described in our Cookie Policy, we use cookies and similar
   technologies to recognize you and/or your device(s) and provide a more
   personal and seamless experience when interacting with the Services. For
   general information about what cookies are and how they work, please visit
   here.
 * Social Media Platforms. Our Site may use social media features, such as the
   Facebook “like” button, the Instagram “heart” button, Twitter sharing
   features, and other sharing widgets (“Social Media Features”). You may be
   given the option by such Social Media Features to post information about your
   activities on our Site to a profile page of yours that is provided by a
   third-party social media network in order to share content with others within
   your network. Social Media Features are either hosted by the respective
   social media network or hosted directly on our Site. To the extent the Social
   Media Features are hosted by the respective social media networks and you
   click through to these from our Site, the latter may receive information
   showing that you have visited our website. If you are logged in to your
   social media account, it is possible that the respective social media network
   can link your visit to our Site with your social media profile. Your
   interactions with Social Media Features are governed by the privacy policies
   and other terms of the respective companies that provide the relevant Social
   Media Features.

Data Obtained from Others. We receive information about users from our service
providers (such as when validating an account with a payment processor) or from
your employer, from publicly available sources like social media accounts, and
from data providers such as marketing partners and researchers, where they are
legally allowed to share your Information with us.

HOW DOES PERSONICA USE YOUR PERSONAL DATA?

General. We use Personal Data to provide and promote the Services and respond to
your requests, including to:

 * Establish, maintain, and secure your account.
 * Identify you as a User and provide the Services you request.
 * Perform fraud detection and authentication.
 * Measure traffic and usage activity to improve the Services and your
   interactions with them.
 * Send you administrative notifications via email or within the Services, such
   as payment reminders or support and maintenance advisories. You will receive
   these notices even if you choose not to receive marketing communications.
 * Provide you with the correct interfaces and options when you are accessing
   the Services.
 * Provide personalized information across the Services by identifying whether
   you have used specific features within the Services, visited pages on our
   Site, or seen one of our advertisements.
 * Respond to customer support inquiries and other requests.
 * Promote the Services or send you other Personica marketing information (if
   you opt-in to receive marketing communications when creating an account or
   afterwards).
 * Manage advertising efforts on third-party sites and platforms as further
   described below.

Consent. With your consent, for example where we have obtained your consent to
process your information for certain activities (such as the use of cookies for
online tracking and analysis). You are free to withdraw your consent at any time
by contacting privacy@personica.com   If you withdraw your consent, it will not
affect the lawfulness of any processing based on your consent before you
withdrew it. Where applicable, we may ask for your consent to processing at the
point where you provide your information (e.g., cookie banner).

Contractual Compliance. To comply with a contractual obligation (for example,
using your contact information to facilitate payment for the Services). We will
advise you upon collection whether the provision of your information is
mandatory and of the possible consequences if you do not provide us with your
information.

Legal Compliance. For compliance with our legal obligations where other laws
require the processing of your information (for example, health and safety,
taxation and anti-money laundering laws) or where we need your information to
protect your vital interests or those of another person.

Legitimate Interests. Our (and our service providers) legitimate interests which
include the provision of the Services, and/or the carrying out of marketing and
profiling activities, provided always that our legitimate interests are not
outweighed by any prejudice or harm your rights and freedoms.

Automated Decision Making and Profiling. We do not use your Personal Data for
automated decision-making.

HOW DOES PERSONICA SHARE PERSONAL DATA?

Sale of Personal Data. Personica does not sell your Personal Data (as “sell” is
normally defined – see the YOUR PRIVACY RIGHTS section for information about
“sales” as defined in California) or use it except as stated in this Policy. We
share your Personal Data in the following circumstances:

Third Parties You Designate. We may share Personal Data with third parties where
you have instructed us to do so (e.g., by using the Services’ “sharing” or
“emergency contact” features). While this data is transferred through our
servers, we do not have access to it, as noted elsewhere in this Policy.

Service Providers. We provide Personal Data to service providers solely as
required to provide the Services, including to create accounts, provide
technical support, process payments, or enable communication between you and
Personica. We review the security and data privacy practices of these service
providers to ensure that they comply with applicable laws and this Policy.

Marketing. We provide hashed or deidentified IP addresses and device IDs to
service providers to optimize our advertising efforts.

Administrators. Administrators of the Services within your organization can see
the email addresses used to access the plan and certain Usage Data.

Corporate Restructuring. If Personica or its business or assets are acquired by,
or merged into, another company, that company will possess any Personal Data we
hold at such time and will assume our rights and obligations under this Policy.
Accordingly, we may share Personal Data in connection with any such transaction.
Personal Data and other information may also be transferred as a business asset
in the event of Personica’s insolvency, bankruptcy, or receivership.

Other Disclosures. We will inform you of any other disclosures or your Personal
Data, and obtain your consent, prior to such disclosure. However, regardless of
your choices regarding Personal Data, Personica may disclose your Personal Data
(a) where required to comply with law enforcement directives, applicable laws,
or governmental orders; or (b) if we believe in good faith that doing so is
necessary to protect our rights, those of other users, or the Services.

CHILDREN’S PRIVACY

Our Services are not directed to, and we do not intend to or knowingly collect
Personal Data online from, children under the age of majority in the countries
where the Services are accessed and used. If you are under the age of majority
in your country, do not provide us with any Personal Data either directly, on
any website forums, or by any other means.

If you learn that a child has accessed or used the Services without parental
permission, please contact us as set forth in the Contact Us section below.

DATA SECURITY AND RETENTION.

Data Security. We use robust physical, organizational, technical, and
administrative measures to safeguard all data we hold or process, and we
regularly re-assess and revise our policies and practices to improve security.
While we go to great lengths to protect your data, no method of data
transmission or storage is totally secure; therefore, we cannot guarantee the
security of data in our control. If you believe your data may have been
compromised by us or the use of this Site or the Services, please contact us
immediately. You may review our Terms for more information regarding the
security of our Apps.

Data Retention. We will retain your Personal Data for a period of time that is
consistent with the original purpose of the data collection, or as necessary to
comply with our legal obligations, resolve disputes, and enforce our agreements.
We determine the appropriate retention period for Personal Data by considering
the amount, nature and sensitivity of your Personal Data processed, the
potential risk of harm from unauthorized use or disclosure of your Personal Data
and whether we can achieve the purposes of the processing through other means,
and on the basis of applicable legal requirements (such as applicable statutes
of limitation).

YOUR INFORMATION CHOICES

Direct Email Marketing. If you wish to withdraw from direct email marketing
communications from us, you may click the “unsubscribe” button included in our
emails. Please note, you cannot unsubscribe from critical transactional emails
that are related to our provision of our Services (such as those related to
security).

Analytics. To opt-out of analytics on our Site, you may adjust your cookie
preferences as described below. For more information on how to opt-out of
tracking technology from Google Analytics, click here.

Applications. You can stop all collection of information by an App by
uninstalling that App. You may use the standard uninstall process available as
part of your desktop or mobile device or via the mobile application marketplace
or network. Uninstalling an App does not delete your account. To do that, please
contact us at clientsupport@personica.com.

Cookie Preferences. Please see our Cookie Policy for more information. You may
adjust your web browser settings to opt-out of non-essential cookies; please
understand that blocking or deleting non-essential cookies may affect our
Services’ functionality. Since there is no common standard adopted across the
industry or regulators for “Do Not Track” signals, we are not able to commit to
responding to requested preference changes (please check back as we will
continue to monitor developments around this issue). If you came to our Site
from personalized advertising, then you may further opt out of interest-based
advertising from our advertising vendors through the Digital Advertising
Alliance here (for US users) and here (for EEA users). Note that any choice with
regards to cookie-based advertising only applies to the web browser through
which you exercise that choice. You will still continue to see advertising,
including potentially from us, even if you opt-out of personalized advertising.

Device Settings. Most devices provide users with the ability to change device
permissions (e.g., disable/access location services, contacts). For most
devices, these controls are located in the device’s settings menu. If you have
questions about how to change your device permissions, we recommend you contact
your mobile service carrier or your device manufacturer as different devices may
have different permission settings. Please note that certain functionality of
the Services may be impaired or limited depending on your device settings.

YOUR PRIVACY RIGHTS

Personal Data Transfers. To facilitate our global operations, we transfer
information from countries in which our Customers, affiliates or service
providers operate for the purposes described in this Policy to the United States
or other locations that may not provide for the same level of data protection as
your jurisdiction. When we share Personal Data, we ensure that the recipient of
your Personal Data offers an adequate level of data protection, for example, by
entering into the appropriate back-to-back agreements, standard contractual
clauses (as approved by the European Commission), asking you for your prior
consent to such international data transfers, or using other available
mechanisms available under applicable Data Protection Law or as otherwise
approved by the relevant data protection authority. By using the Services, you
agree to the transfer, storing or processing of your data in accordance with
this Policy.

 * International Transfers within Personica Affiliates. When we share
   information about you within and among our affiliates, for transfers from the
   EEA, Switzerland, or the United Kingdom, we make use of standard contractual
   data protection clauses or, to the extent permissible, we rely on our
   certification to the EU-U.S. and Swiss-U.S. Privacy Shield Frameworks to help
   safeguard the transfer of information we collect from the European Economic
   Area (EEA), the United Kingdom, and Switzerland. Please see our Privacy
   Shield notice for more information.
 * International Transfers to Third Parties. Certain third parties described in
   this Platform Policy, which provide services to us under contract, are based
   in other countries that may not have equivalent privacy and data protection
   laws to the country in which you reside. When we share information of
   Customers located in such jurisdictions, we make use of the legal mechanisms
   approved by the applicable data protection authority. For example, for
   Customers located in the European Economic Area or Switzerland, we make use a
   variety of legal mechanisms to safeguard the transfer, including the European
   Commission-approved standard contractual data protection clauses or other
   appropriate legal mechanisms. For transfers to or from the United Kingdom, we
   make use of the standard contractual clauses. Please contact us if you need
   more information about the legal mechanisms that we rely on to transfer
   Personal Information outside the EEA, Switzerland, and the United Kingdom.
 * Privacy Shield Notice. Fishbowl, Inc. participates in and has certified its
   compliance with the EU-U.S. Privacy Shield Framework and the Swiss–U.S.
   Privacy Shield Framework. Personica is committed to the Frameworks’
   applicable principles regarding transfers of Personal Data received from the
   European Economic Area (EEA), the United Kingdom, and Switzerland, in
   reliance on each Privacy Shield Framework. To learn more about the Privacy
   Shield Frameworks, visit the U.S. Department of Commerce’s Privacy Shield
   List at https://www.privacyshield.gov. Personica is responsible for the
   processing of Personal Data it receives under each Privacy Shield Framework
   and subsequently transfers to a third party acting as an agent on its behalf.
   We comply with the Privacy Shield Principles for all onward transfers of
   Personal Data from the EEA, the United Kingdom, and Switzerland, including
   the onward transfer liability provisions. With respect to Personal Data
   received or transferred pursuant to the Privacy Shield Framework, Personica
   is subject to the regulatory enforcement powers of the U.S. Federal Trade
   Commission. In certain situations, we may be required to disclose Personal
   Data in response to lawful requests by public authorities, including to meet
   national security or law enforcement requirements. You may direct any
   inquiries or complaints related to our Privacy Shield compliance here. If you
   have an unresolved privacy or data use concern that we have not addressed
   satisfactorily, please contact our U.S.-based third-party dispute resolution
   provider (free of charge) here. Under certain conditions, more fully
   described on the Privacy Shield website, you may be entitled to invoke
   binding arbitration when other dispute resolution procedures have been
   exhausted.

Consent. You may withdraw your consent to our processing of your Personal Data,
in whole or in part (i.e., for marketing purposes). Certain Services may be
ineffective upon opt out. When we share information of Customers located in such
jurisdictions, we make use of the legal mechanisms approved by the applicable
data protection authority.

European Economic Area (“EEA”). It you are located in the EEA or the United
Kingdom, the following provisions apply:

 * Processing Purposes. Our legal basis for collecting, using, and processing
   your Personal Data is contained in the HOW DOES PERSONICA USE YOUR PERSONAL
   DATA section above.

 * Your Rights. Where the collection or processing of your information is
   subject to the GDPR, you have the following data subject rights. Please note
   that these rights are not absolute and in certain cases are subject to
   conditions as specified in applicable law.

 * Access. You have the right to request information about how we process your
   Personal Data and to obtain a copy of that Personal Data.
 * Rectification. You have the right to request the rectification of inaccurate
   information about you and for any incomplete information about you to be
   completed.
 * Objection. You have the right to object to the processing of your Personal
   Data, which is based on our legitimate interests (as described above).
 * Erasure. You have the right to request the erasure of your Personal Data
   (subject to certain conditions).
 * Automated decision-making. You have the right not to have a decision made
   about you that is based solely on automated processing if that decision
   produces legal or similarly significant effects concerning you.
 * Restriction. You have the right to ask us to restrict our processing of your
   Personal Data, so that we no longer process that Personal Data until the
   restriction is lifted.
 * Portability. You have the right to receive your Personal Data, which you have
   provided to us, in a structured, commonly used and machine-readable format
   and to have that Personal Data transmitted to another organization in certain
   circumstances.
 * Complaint. In addition to the above, you have the right to lodge a complaint
   with a supervisory authority (a list of which is available here) if you
   consider that our processing of your Personal Data infringes applicable Data
   Protection Law.

California Residents. If you reside in the State of California, the CCPA and
CPRA provide you with specific rights regarding your Personal Data. This section
describes those rights and how to exercise them.

 * * * * Collection and Disclosure of Personal Data. Our collection of Personal
         Data is described in sections (a) through (c) of the INFORMATION WE MAY
         COLLECT ABOUT YOU heading above. We have shared Personal Data as set
         forth in HOW DOES Personica SHARE PERSONAL DATA for business or
         commercial purposes consistent with this Policy. We never exchange
         Personal Data for money or any other consideration (e.g., trade it for
         free services). However, the CCPA’s definition of “sale” is very broad,
         and may include situations like when browsing data is sent to
         advertisers (when you click on an ad that sends you to Personica, we
         send a hashed identifier to the referring site so they can receive
         credit for the referral). While we only send what is needed to properly
         record the referral, the fact that you clicked on the link and visited
         Personica may be added to your profile by the ad publisher. This is all
         done on the Site with cookies and other similar technology and opting
         out of the sale of your Personal Data will automatically turn them off.
         You may direct us not to sell your Personal Data by contacting us
         directly.
       * Right to Make a Request Under the CCPA. You have the right to request
         that we disclose certain information to you regarding our collection,
         use, and disclosure of your Personal Data over the past 12 months,
         including the categories and specific pieces of Personal Data we
         possess, the categories of sources of the Personal Data, the business
         or commercial purpose for collecting the Personal Data, and the
         categories of third parties with whom we share or sell the information,
         and the specific pieces of Personal Data we have collected about you. 
         Upon verified request, we will respond to your request for such
         information. You also have a right to request that we delete your
         Personal Data. Please note that, in certain cases, we deny a request to
         delete your Personal Data if we have a legal basis to do so. For
         example, we may retain certain information for the reasons stated under
         the HOW DOES Personica USE YOUR PERSONAL DATA heading above.
       * Who May Make a Request? You may make a request on behalf of yourself or
         you may authorize an agent who is registered with the Secretary of
         State for the State of California to act on your behalf. You may also
         make a request on behalf of your minor child.
       * Right to Non-Discrimination for Exercise of Consumer’s Privacy
         Rights. We will not discriminate against individual for exercising
         their rights under the CCPA.

Instructions for Submitting a Verifiable Request. If you wish to exercise any of
these rights, please submit the request by emailing us at privacy@personica.com,
or write us at the address below. In your request, please make clear: (i) what
Personal Data is concerned; and (ii) which of the above rights you would like to
enforce. For your protection, we may only fulfil requests with respect to the
Personal Data associated with the email address you send your request from, and
we will need to verify your identity before doing so. We will comply with your
request promptly, but in any event within the legally mandated timeframes
(thirty (30) days for the GDPR and forty-five (45) days for the CCPA). We may
need to retain certain information for recordkeeping purposes or to complete
transactions that you began prior to requesting such change or deletion.

Process Used to Verify a Consumer Request. We will verify all requests by
contacting you using contact information retained in our systems. If our
information does not allow us to contact you, then we will verify your identity
by asking you to confirm the data we have in our system. We cannot respond to
requests that cannot be verified.

CHANGES TO THIS POLICY

This Policy may be updated from time to time, to reflect changes in our
practices, technologies, additional factors, and to be consistent with
applicable Data Protection Law, and other legal requirements. If we do make
updates, we will update the “effective date” at the top of this Policy webpage.
If we make a material update, we may provide you with notice prior to the update
taking effect, such as by posting a conspicuous notice on our website or by
contacting you using the email address you provided.

CONTACT DETAILS

If you have any questions or concerns about this Platform Policy or our privacy
practices, please contact our Data Privacy Officer “DPO”:

By Post. If sending via U.S. Mail, please use: Fishbowl, Inc., 2000 Duke St.,
Suite 300 Alexandria, VA 22314
Attn: Data Privacy Officer

By Email. Please send all Platform Policy inquiries to privacy@personica.com and
for general inquiries please email clientsupport@personica.com.

By Telephone. Within the United States, please call 1.800.883.1984. and for
calls within the United Kingdom or EEA please call 0808-189-1495 Opt 1.

We will reply to your inquiry promptly (no later than 45 days from receipt). We
are committed to reaching a fair resolution of any complaint or concern about
privacy; however, if you believe that we have not been able to assist you with
your complaint or concern and you live in the EEA or the UK, you have the right
to lodge a complaint with the competent supervisory authority or the Information
Commissioner’s Office (UK).

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