Effective Date: September 2, 2020
Focus POS Systems, Inc. provides restaurant management systems and software
(“Services”) through its website available at www.focuspos.com or the myFocus
mobile application (collectively, the “Site(s)”). This Privacy
Policy informs users (“user(s),” “you,” or “your”)
about information that we receive from you when you interact with the
Services, how we use and process the information that we receive, if and
why Personal Information may be disclosed to third parties, and your
choices regarding the collection and processing of your Personal
collected through third party websites or services that you may access
through the Services.
access or use the Site. By accessing and/or
using the Site and/or the associated Services, you accept and agree to be
Software. Your use of our Services and any Personal Information you provide
firstname.lastname@example.org or at the contact information below.
When you use the Site, we collect the following types of Information:
Personal Information means any information associated with or used to
identify a specific person. An identifiable natural person is one who can
be identified, directly or indirectly, in particular by reference to an
identifier such as name, phone number, email address, and mailing address.
Personal Information can also include an identification number, location
information, and/or an online identifier.
Usage Data does not identify you, but provides insights regarding your use
of the Site(s) or Services. For example, we collect information about your
use of the Site, including but not limited to, Internet connections,
computer equipment, web browsers, the pages or features of our Site to
which you browsed and the time spent on those pages or features, the
frequency with which our Site is used by a user, search terms, the links on
our Site that a user clicked on or used, related timestamps, and sites
visited before and after using or accessing our Site.
Generally, we do not consider Usage Data as Personal Information because
Usage Data by itself usually does not identify an individual. Personal
Information and Usage Data may be linked together. Different types of Usage
Data also may be linked together and, once linked, may identify an
individual person. Some Usage Data may be Personal Information under
We use automated information collection tools such as cookies and web
beacons to collect certain types of Usage Data. You can set your browser to
reject cookies, but that may limit your use of some convenience features on
Cookies are small computer files sent to or accessed from your web browser
or your computer’s or tablet’s hard drive that contain information about
your computer, such as a user ID, user settings, browsing history, and
activities conducted while accessing the Site. Cookies are not themselves
personally identifiable. A cookie typically contains the name of the domain
(internet location) from which the cookie originated, the “lifetime” of the
cookie (i.e., when it expires) and a randomly generated unique number or
similar identifier. Cookies help us improve the Services and our Site by
enabling us to analyze technical and navigational information about the
Site and helping to detect and prevent fraud or malicious behavior. Web
browsers allow some control of most cookies through the browser settings.
To find out more about cookies, including how to manage and delete cookies,
We also use other cookies and other data collection tools (such as web
beacons and server logs), which we collectively refer to as “data
collection tools,” to help improve your experience with the Site. The
Services also may use data collection tools to collect information from the
device used to access the Services, such as operating system type, browser
type, domain and other system settings, as well as the operating system
used and the country and time zone in which the computer or device is
Location Data is a category of Personal Information collected about the
location of a mobile device or computer, including: the location of the
mobile device or computer used to access the Services derived from GPS or
WiFi use; the IP address of the mobile device or computer or internet
service used to access the Services, other information made available by a
user or others that indicates the current or prior location of the user.
You may be given the option to receive push notifications while using our
Services. In order to serve push notifications, we may need to collect your
IP address and a persistent identifier from your device. You can turn off
push notifications in your device settings.
Whether we collect certain types of information and how we process it
depends on how you use and access the Site and our Services. Some
data collection tools. We collect information from you when you:
Use the Services
. We collect Personal Information from you when you create an account
to use one of the Services, contact us for help or information or
otherwise voluntarily provide your Personal Information. We collect the
information and content that you submit to us, such as when you enter
comments or questions.
Connect with social media though the Services
. The Services may offer you the ability to use Facebook Connect or
other social media services (collectively, “social media”) in
conjunction with certain Services or the Site. When you access the Site
or information about the Services through Facebook or other social
media account, the Site may, depending on your privacy settings, have
access to information that you have provided to the Social Media
platform. We may use this information for the purposes described in
From Our Business Partners and Service Providers
. Third parties that assist us with our business operations also
collect information (including Personal Information and Usage Data)
about you through the Services and share it with us. For example, our
vendors collect and share information with us to help us detect and
prevent fraud. We may combine the information we collect from you with
information from other sources and use the combined information as
. We also automatically collect Usage Data when you interact with the
Site and related Services.
Once information is collected, we use the information for any of the
following specific purposes:
For Legitimate Interests
. We use Usage Data collected by clickstream information collection,
web pixels, and cookies to store your preferences, improve Site
navigation, make personalized features and other services available to you, to
generate statistical information, monitor and analyze user traffic and
usage patterns, monitor and prevent fraud, investigate complaints and
potential violations of our policies, to improve the our content and
the Services, materials, and other content that we describe or make
available through the Site, and otherwise help administer and improve
For the purpose for which you provided the information and/or your
. For example, if you share your name and contact information to ask a
question about our Services or to request information, we will use that
Personal Information to respond to your inquiry. In addition, we may,
from time to time, invite you to participate in online surveys. The
information requested in these surveys may include, but is not limited
to, your opinions, beliefs, insights, ideas, activities, experience,
purchase history, and purchase intent regarding products, events, and
Services. The information collected by these surveys is used to
research market trends, company growth, community needs, etc. Your
input will help us to improve customer experience and shape development
of our products and Services.
To provide, support, personalize, and develop our Services
. We may conduct aggregate or research analysis and develop our
business intelligence that helps us to enhance, improve, evaluate,
operate, protect, make informed decisions about, and report on the
performance of our Services. We may use certain Usage Data, for
example, to help us develop our new products and Services and improve
our existing products and Services.
. Communications from us may include promotional materials,
notifications to changes to relevant agreements, policies, or other
terms, and to enforce such terms, if appropriate, and online surveys.
If you prefer to not receive promotional emails or other
communications, you can notify us or unsubscribe, as applicable.
To work with our service providers.
Third parties may perform certain business functions and services on
To comply with legal obligations or compliance.
To prevent or investigate fraud, or for risk management purposes, and
to help maintain the safety, security, and integrity of our Site and
Services, databases, and other technology assets, and business; court
orders, or in order to exercise any legal claim or to defend against
any legal claim.
For business reasons.
Information may be needed to evaluate or conduct a merger, divestiture,
restructuring, reorganization, dissolution, or other sale or transfer
of some or all of our assets, whether as a going concern or as part of
bankruptcy, liquidation, or similar proceeding, in which the Personal
Information held by us about our consumers is among the assets
We may share Personal Information with the following parties:
: including corporate parents, subsidiaries, other affiliated entities,
and associated entities for the purposes described in this Policy which
that help us administer and provide the Services (for example, a web
hosting company whose services we use to host our platform). These
third party services providers have access to your Personal Information
only for the purpose of performing services on our behalf under
contractual obligations requiring such service providers to follow
appropriate privacy policies and practices and to prohibit them from
using your Personal Information except for the express purpose for
which it is provided.
Authorized third parties
, who are parties directly authorized by you to receive the applicable
Information, such as when you authorize a third party application
provider to access your account. The use of your Personal Information
by an authorized third party is subject to the third party’s privacy
in the event of any reorganization, merger, sale, joint venture,
assignment, transfer or other disposition of all or any portion of our
business, assets or stock (including in connection with any bankruptcy
or similar proceedings), in which case we will require the recipient to
In aggregated form
. We may share Personal Information or Usage Data in an aggregated
form—that is, in a statistical or summary form that does not include
any personal identifiers—with third parties in order to discover and
reveal trends about how users like you interact with our Services and
As we believe necessary
: (i) under applicable law; (ii) to enforce applicable terms and
conditions; (iii) to protect our rights, privacy, safety or property,
and/or that of our affiliates, you, or others; (iv) to detect, prevent,
or otherwise address fraud, security or technical issues; (v) to
respond to claims that contact information (e.g. name, e-mail address,
etc.) of a third party has been posted or transmitted without their
consent or as a form of harassment and (VI) to respond to requests from
courts, law enforcement agencies, regulatory agencies, and other public
and government authorities, which may include authorities outside your
country of residence; and
We take reasonable steps online and offline to safeguard the Personal
Information that you provide to us. Nonetheless, it is common knowledge
that transmission of information via the Internet is not wholly secure, and
we cannot guarantee the security of your Personal Information, or any other
information, transmitted to or through our Site or any of our Services, or
be responsible for the theft, destruction, or inadvertent disclosure
thereof. Any transmission of Personal Information, or other information, is
at your own risk. By using our Services, you acknowledge and accept these
risks. It is your responsibility to safeguard any passwords, user IDs, or
any other special access features associated with your use of the Services
and the Sites. Users of the Services are responsible for maintaining the
security of any password, user ID, or other form of authentication involved
in obtaining access to password protected or secure areas of any of
Services or on the Sites. In order to protect you and your data, we may
suspend your use of any of the Services, without notice, pending an
investigation, if any breach of security is suspected. Access to and use of
password protected and/or secure areas of any of the Services are
restricted to authorized users only. Unauthorized access to such areas is
prohibited and may lead to criminal prosecution.
If you have any questions about security as part of our Services or on or
through the Sites, or if you become aware of any unauthorized use of an
account, loss of your account credentials, or suspect a security breach,
notify us immediately via email at email@example.com. If our security
system is breached, we will notify you of the breach to the extent required
under applicable law.
We retain the Personal Information we receive as described in this Privacy
Policy for as long as you use our Site(s) or as necessary to fulfill the
purpose(s) for which it was collected, provide our Services, resolve
disputes, establish legal defenses, conduct audits, pursue legitimate
business purposes, enforce our agreements, and comply with applicable laws.
The Site(s) may contain links to other sites that are not operated by us. If
you click on a third party link, you will be directed to that third party’s site.
Such links do not constitute an endorsement by us of those other websites,
their content or services, or the persons or entities
party websites. We have no control over, and assume no responsibility for,
the content, privacy policies, or practices of any third party sites
or services. We encourage you to review
the privacy policies and terms of all third-party websites or services that you may visit.
The Services are not intended for use by children. We do knowingly not sell
products or Services for purchase by
anyone under the age of thirteen (13) . In accordance with the Children’s Online
Privacy Protection Act (“COPPA”), we will
never knowingly request or solicit Personal Information from anyone under
the age of thirteen (13) without verifiable parental consent. In the event
that we receive actual knowledge that we have collected such Personal
Information without the requisite and verifiable parental consent, we will
delete that information from our database as quickly as is practical. We
reserve the right to request proof of age at any stage so that we can
verify that minors are not using the Service(s).
California Civil Code Section 1798.83 permits California residents to
request and obtain a list of what Personal Information (if any) we
disclosed to third parties for direct marketing purposes in the preceding
calendar year and the names and addresses of those third parties. Requests
in connection with marketing may be made only once a year and are free of
charge. Under Section 1798.83, California residents are entitled to request
and obtain such information, by e-mailing a request firstname.lastname@example.org.
by posting an amended version of the statement on our Site. Please refer to
this policy regularly. If at any time we decide to use Personal Information
in a manner different from that stated at the time it was collected, we
will notify you either on the panel home page of our Site or via e-mail.
Because protecting your privacy is important to us, you may always submit
attempt to respond to all reasonable concerns and inquiries expeditiously.
contact us at:
If you are a resident of the European Economic Area (EEA) (“Data Subject”),
you have certain data protection rights. We aim to take reasonable steps to
allow you to correct, amend, delete or limit the use of your Personal
Information. You may request to change, edit, update, or delete the
information that you provided when you set up your account through our
Service(s) through your account settings. You may also request the deletion
of this information by sending an e-mail to email@example.com. If you
access our Services from certain jurisdictions, such as the EEA, you may
have additional rights and options with regard to accessing, reviewing,
correcting, and updating your Personal Information, as well as how we use
and disclose your Personal Information.
As a Data Subject, you have the right to request access to your Personal
Information as it exists in our records by e-mailing us at
firstname.lastname@example.org. You also have the right to rectification, correction, or
amendment of your Personal Information if it is inaccurate or incomplete. You may also have the right to
erasure of your Personal Information; however, this is not always possible
due to legal requirements and exceptions may apply.
A Data Subject may have the right to object to the processing of his or her
Personal Information, for example, due to his or her particular situation,
for direct marketing uses, or for scientific or historical research. In
certain circumstances, Data Subjects may have the right to obtain a
restriction on our processing of their Personal Information, in which case
such Personal Information will, with the exception of storage, only be
processed with the Data Subject’s consent or in circumstances such as our
exercise or defense of legal claims or the protection of another person.
Data Subjects may also have the right to request that we provide data
portability for their Personal Information via a copy of the data in a
commonly-used format and/or transfer their Personal Information directly to
another data controller (where technically feasible). Exceptions to these
rights may apply, for example, if the processing is necessary for a task
carried out in the public interest. Finally, if a Data Subject has given
his or her consent to our processing of his or her Personal Information for
certain purposes, he or she has the right to withdraw consent to such use
at any time by contacting us via the contact information below.
If you are not satisfied with how we manage your Personal Information, you
have the right to make a complaint to a data protection regulator. A list
of National Data Protection Authorities can be found
In some instances we may need to transfer your Personal Information outside
the EEA. In all cases, we take steps to ensure that transfers of such
Personal Information are performed in accordance with applicable law and
carefully managed to protect your privacy rights and interests. Transfers
are limited to countries that are recognized as providing an adequate level
of legal protection or where we can be satisfied that alternative
arrangement are in place to protect your privacy rights. Therefore, where
we transfer your Personal Information outside our corporate affiliates or
to third parties who help provide our products and services, we obtain
contractual commitments to protect your Personal Information under Data
Protection Agreements and pursuant to Standard Contractual Clauses. Some of
these assurances are well recognized certification schemes or such as the
EU - US Privacy Shield for the protection of Personal Information
transferred from within the EU to the United States. Where we receive
requests for information from law enforcement or regulators, we carefully
validate these requests before disclosing any Personal Information.
If you are a resident of California, you have the right to request that we
disclose certain information to you about our collection and use of your
Personal Information over the past twelve (12) months. Once we receive and
confirm your verifiable consumer request (see How to Make a Request,
below), we will disclose to you:
- The categories of Personal Information we collected about you.
- The categories of sources for the Personal Information we collected about you.
- Our business or commercial purpose for collecting that Personal Information.
- The categories of third parties with whom we share that Personal Information.
- The specific pieces of Personal Information we collected about you (also called a data portability request).
- If we disclosed your Personal Information for a business purpose, a separate list identifying the Personal Information categories that each category of recipient obtained.
a. Deletion Request Rights
You have the right to request that we delete any of your Personal
Information that we collected from you and retained, subject to certain
exceptions. Once we receive and confirm your verifiable consumer request,
unless an exception applies, we will delete (and direct our service
providers to delete) your Personal Information from our records.
b. How to Make a Request
To exercise the access, data portability, and deletion rights described
above, please submit a verifiable consumer request to us by calling us at
800.775.0996 or emailing us at email@example.com
Only you, or someone legally authorized to act on your behalf, may make a
verifiable consumer request related to your Personal Information. We may
require proof from the agent that you have provided the authorized agent
written permission to do so, and we may require that you verify your own
identity directly with us. If you have provided the agent with power of
attorney, that may be sufficient.
You may only make a verifiable consumer request for access or data
portability twice within a twelve (12) month period.
We cannot respond to your request or provide you with Personal Information
if we cannot verify your identity or authority to make the request and
confirm the Personal Information relates to you. We verify requests by
matching information you provide to information that we maintain in our
records. We will only use Personal Information provided in a verifiable
consumer request to verify the requestor’s identity or authority to make
c. Response Timing and Format
We endeavor to respond to a verifiable consumer request within forty-five
(45) days of its receipt. If we require more time, up to an additional
forty-five (45) days, we will inform you of the reason and extension period
We will deliver our written response by mail or electronically, at your
option. The response we provide will also explain the reasons we cannot
comply with a request, if applicable. For data portability requests, we
will select a format to provide your Personal Information that is readily
useable and should allow you to transmit the information from one entity to
another entity without hindrance.
We do not charge a fee to process or respond to your verifiable consumer
request unless it is excessive, repetitive, or manifestly unfounded. If we
determine that the request warrants a fee, we will tell you why we made
that decision and provide you with a cost estimate before completing your