Last Updated June 22, 2020 Koala Labs, Inc. (“Company,” “we,” “us,”
) makes available an Internet-based food and beverage ordering service, which can be managed by restaurant employees through a content management platform (the “Koala Platform”
). Restaurant customers (“Diners”
) can place orders through the use of related Koala technologies (which are private-labeled with the restaurant brand (the “Restaurants”
)), including (a) a website ordering platform through which Diners can place and pay for orders (“Web Ordering”
), (b) software installed on in-store kiosks, which facilitates in-store ordering, payment and pickup by Diners, (c) mobile applications downloaded by Diners through a Mobile App Store and used by Diners to place and pay for orders (the “Mobile App”
) and (d) software installed on Restaurant employee iPads for in-store ordering processed by the Restaurant employees. The Koala Platform, any such related technologies and any websites controlled by us, including http://koala.io
), are referred to herein collectively as the “Service”
We collect information that alone or in combination with other information in our possession could be used to identify you (“Personal Data”) as follows:
Personal Data You Provide. When you use the Service, we collect the following categories of Personal Data.
Contact and Profile Information. When you create an account with us (either as a Restaurant employee or a Diner), complete your account profile, place an order (if you are a Diner), sign up for a mailing list, complete the contact information form on the Site or otherwise communicate or interact with us, we may collect information from you, such as your name, phone number, e-mail address, and physical address. We may use this contact and profile information to: (i) create and personalize your account; (ii) communicate with you directly about the Service as well as about any questions, issues or concerns you or other users may have, (iii) fulfill your order (if you are a Diner), and (iv) send you marketing communications in accordance with your preferences.
Communications, Participation and Other Content. We maintain all communications resulting from your interactions with us by email, phone, mail or chat. We also record comments and opinions you express when responding to surveys, entering a sweepstakes or taking part in promotions we run. We use all of the foregoing communications to address your questions, issues and concerns and to improve the Service.
Financial Data. Our payment processor(s) collect the financial information necessary to process Diner payments. We only have access to tokenized credit card information which we pass through to our processors.
Social Media Data. We have pages on social media sites such as Facebook, Twitter, and LinkedIn (“Social Media Pages”). When you interact with our Social Media Pages, we will collect Personal Data that you elect to provide to us, such as your contact details. In addition, the companies that host our Social Media Pages may provide us with aggregate information and analytics regarding the use of our Social Media Pages.
Internet Activity Data. When Restaurant employees and Diners visit, use, and interact with the Service, we may receive certain information about their visit, use, or interactions. Although, as indicated above, we not store any personally identifiable Diner Data, we do collect non-individually identifiable Internet activity data from both our Restaurant employees and Diners. For example, we may monitor the number of people that visit the Service, peak hours of visits, which page(s) are visited, the domains our visitors come from (e.g., google.com, yahoo.com, etc.), which browsers people use to access the Service (e.g., Chrome, Firefox, Microsoft Internet Explorer, etc.), broad geographical information, and navigation pattern. In particular, the following information is created and automatically logged in our systems:
1. personal data
Information that a user’s browser automatically sends whenever the user visits any of our websites or any Restaurant website featuring Web Ordering. Such log data includes a user’s Internet Protocol address, browser type and settings, the date and time of your request, and how the users interacted with the Service.
We may collect information regarding the name of the device, operating system, and browser the user is using to access the Service. Information collected may depend on the type of device the user uses and its settings.
We collect information about how a user uses our Service, such as the types of content that you view or engage with, the features a user uses, the actions a user takes, and the time, frequency, and duration of a user’s activities.
We collect your location information through our Mobile Apps using your device IP address, WiFi, Bluetooth, and GPS coordinates (e.g. latitude/longitude) of your mobile device. If a user has given the Mobile App permission to access the user’s location, we may collect the user’s device’s location and store the user’s location history. If you want to opt-out of the collection of your location data, please adjust your settings in your mobile device to limit the Mobile App’s access to your location data.
Email Open/Click Data:
We use pixels in our email campaigns that allow us to collect your email and IP address as well as the date and time you open an email or click on any links in the email.
. On most web browsers, you will find a “help” section on the toolbar. Please refer to this section for information on how to receive a notification when you are receiving a new cookie and how to turn cookies off. Please see the links below for guidance on how to modify your web browser’s settings on the most popular browsers:
and follow the opt-out instructions there.If you access the Service on your mobile device, you may not be able to control tracking technologies through the settings.
Online Tracking and Do Not Track Signals:
2. how we use personal data
We may use your Personal Data for the following purposes:
To provide the Service and assist with the placement and fulfillment of Restaurant orders;
To enable you to create accounts and otherwise access and use the Service (e.g., remember information so that you will not have to re-enter it during your visit or the next time you visit);
To display historical transaction information;
To provide custom, personalized content and information;
To respond to your inquiries, comments, feedback, or questions;
To send administrative information to you, for example, information regarding the Service and changes to our terms, conditions, and policies;
To inform you of products, programs, services, and promotions that we believe may be of interest to you, including, without limitation, through emails and push notifications;
To analyze how you interact with our Service, through detecting activity patterns on the Service and through otherwise researching usage;
To identify and contact you across multiple devices;
To maintain and improve the Service;
To test and develop new products and services;
To determine the effectiveness of our Service and our promotional campaigns;
To diagnose or fix technology problems;
To prevent fraud, criminal activity, or misuses of our Service, and to ensure the security of our IT systems, architecture, and networks; and
To comply with legal obligations and legal process and to protect our rights, privacy, safety, or property, and/or that of our affiliates, you, Restaurants, or other third parties.
Marketing. We may use your Personal Data to contact you to tell you about products or services we believe may be of interest to you. For instance, if you elect to provide your email or telephone number, we may use that information to send you special offers. You may opt out of receiving emails by following the instructions contained in each promotional email we send you. You can also control the marketing emails and/or text messages you receive from Restaurants and their partners by following the process established by the applicable Restaurant. In addition, if at any time you do not wish to receive future marketing communications, you may contact us. If you unsubscribe from our marketing lists, you will no longer receive marketing communications but we will continue to contact you regarding management of your account, other administrative matters, and to respond to your requests.
3. sharing and disclosure of personal data
In certain circumstances we may share Personal Data with the following categories of third parties without further notice to you, unless required by the law, as set forth below:
Restaurants: If you are a Diner, your Diner Data will be shared with the Restaurant at which you place an order.
Business Transfers: If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, sale of all or a portion of our assets, or transition of service to another provider (collectively a “Transaction”), your Personal Data and other information may be shared in the diligence process with counter-parties and others assisting with the Transaction and transferred to a successor or affiliate as part of that Transaction along with other assets.
Legal Requirements: If required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, including to meet national security or law enforcement requirements, (ii) protect and defend our rights or property, (iii) prevent fraud, (iv) act in urgent circumstances to protect the personal safety of users of the Service, or the public, or (v) protect against legal liability.
4. data retention
5. updating your information
Please contact us if you need to change or correct your Personal Data. For Personal Data held by a Restaurant, please follow the applicable process established by the applicable Restaurant.
Our Service is not directed to children who are under the age of 16. Company does not knowingly collect Personal Data from children under the age of 16. If you have reason to believe that a child under the age of 16 has provided Personal Data to Company through the Service please contact us and we will endeavor to delete that information from our databases.
7. links to other websites
You use the Service at your own risk. We implement commercially reasonable technical, administrative, and organizational measures to protect Personal Data both online and offline from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet or e-mail transmission is ever fully secure or error free. In particular, e-mail sent to or from us may not be secure. Therefore, you should take special care in deciding what information you send to us via the Service or e-mail. Please keep this in mind when disclosing any Personal Data to Company via the Internet. In addition, we are not responsible for circumvention of any privacy settings or security measures contained on the Service, or third party websites.
9. your choices
In certain circumstances providing Personal Data is optional. However, if you choose not to provide Personal Data that is needed to use some features of our Service, you may be unable to use those features. You can also contact us to ask us to update or correct your Personal Data.
11. contact us