Privacy Policy

Privacy Policy

TRUSTe

 

SICOM Privacy Notice

 

Last Updated: January 10, 2020

 

SICOM Systems, Inc. (“SICOM”, “we”, “our” or “us”) respects the privacy of those who entrust us with their personal information.

 

This Privacy Notice (“Notice”) describes our privacy practices regarding personal information we receive in connection with the services and products we provide to our Customers (the “Services”), as well as through our websites and online services (the “Sites”). By using our services, visiting our websites or portals or otherwise interacting with us, you are accepting the practices described in this Privacy Notice. We recommend that you review this Privacy Notice periodically, as it may be updated from time-to-time.

 

This Notice applies to the Services and Sites provided by SICOM on its own behalf or in combination with one of its parents, affiliates, or subsidiaries.

 

SICOM is a full-service technology provider to the restaurant and hospitality industries (our "Customers") dedicated to the research, development, design, manufacturing, marketing and service of Point-of-Sale, Digital Display Solutions, Kitchen Management and Enterprise Data Management & Reporting. SICOM also provides professional and support services including menu management, menu content and asset management and data aggregation and standardization.

 

PERSONAL INFORMATION WE COLLECT

 

We may collect the following types of personal information about you as relevant to the services and products with which you are engaging:

 

Identifiers, including name and contact details including telephone number, email address and postal address;

Information protected against security breaches, such as your username and password, which you may use to log in to the Sites, and financial account information)

Internet/electronic activity (see “Cookies” for additional information)

Commercial information (such as access, browsing, and purchase history, marketing preferences, or information you provide in any communication with us, or any changes made via the SICOM-hosted web application)

 

SICOM collects information relating to our Customer’s employees, agents or guests on behalf of our Customers, and only uses such information to provide the Services to our Customer. If you are an employee, agent, or guest of one our Customers who uses SICOM for the purpose of interacting with such Customer and have questions about legal rights you may have with respect to your personal information, please consult the Customer with which you have a relationship.

 

Data anonymization and aggregation.  Subject to your consent if required by law, we may anonymize or aggregate your personal information in such a way as to ensure that you are not identified or identifiable from it, in order to use the anonymized or aggregated data. For example, we may use anonymized or aggregated data for statistical analysis including to analyze trends, for product development, and for risk assessments and cost analysis. We may share anonymized or aggregated data with our parents, subsidiaries, affiliates or with other third parties.

 

SOURCES OF PERSONAL INFORMATION

 

SICOM processes personal information that is made available to us from and through our Customers. 

 

We collect personal information from our Customer and our Customers’ employees, agents or guests when they contact our customer service representatives or otherwise interact with us, including through www.sicom.com or other websites or online services or portals sponsored by us (the “Sites”).

 

We also collect personal information, such as name, address, credit card information, email address and phone number from our Customers’ guests and employees through our POS systems or other services and we may collect additional information including government identification number, time and attendance, and other information of our Customers’ employees, in connection with our enterprise management solutions and systems. 

 

SICOM only uses the personal information of Customer employees, agents and guests for the purpose of providing our products and services, at the request and convenience of our Customers. Customers are responsible for providing any required notices, notifications and alerts to individuals whose information is entered into our systems or portals.  

 

HOW WE USE PERSONAL INFORMATION?

 

We may use your personal information for a variety of business purposes, including but not limited to:

 

       Auditing related to a current interaction with our CustomersCustomers, including, but not limited to, verifying and validating the identity of Customer employees or Customer guests, and auditing compliance with laws and other standards;

       Detecting security incidents, protecting against malicious, deceptive, fraudulent, or illegal activity, and prosecuting those responsible for that activity; preventing, investigating or providing notice of fraud, unlawful or criminal activity, or unauthorized access to or use of personal information, the Sites or data systems;

       Performing services on behalf of the business, including processing and completing Customer POS transactions, whether at a restaurant counter, a self-order kiosk or through a mobile application; maintaining or servicing accounts, providing Customer service, maintaining our Sites, processing or fulfilling orders and transactions, verifying customer information, processing payments, or providing other related services on behalf of the business;

       Debugging to identify and repair errors that impair existing intended functionality;

       Undertaking internal research for technological development and demonstration; including conducting surveys on the quality of our products, services or customer service, and

       Undertaking activities to verify or maintain the quality of our Service, and to improve, upgrade, or enhance our Service and better serve our Customers.

 

SICOM may, subject to applicable laws, use personal information from our Customers and their employees to contact them about our Sites and Services, including to provide them with information on additional products from SICOM that may be of interest to them, although Customers may withdraw their consent as follows:

 

   Mail marketing, Telephone marketing, Surveys and Quality control communications. You may decide that you prefer SICOM not to use your personal information to promote new and/or additional products and/or services which may be of interest to you and refuse that we contact you by mail or telephone for marketing purposes or by email or telephone for quality control purposes. If this is the case, you may advise us by contacting customer service or contacting us using the information detailed in the Contacting us section below.

 

   Emails/Commercial Electronic Communications. You can always limit the promotional and marketing communications that SICOM sends to you. To opt-out of marketing emails, simply click the link labeled “unsubscribe” or “opt-out” at the bottom of any such communication we send you. Please note that even if you opt-out of promotional communications, we may still need to contact you with important information about your account.

 

In addition, as part of the Services, our Customers may use personal information that we have collected on their behalf for their own communication and promotional purposes. Customers are responsible for ensuring that any commercial emails sent by them to their employees or guests comply with applicable law. If we are instructed by our Customers to transmit communications on their behalf, Customers remain responsible for ensuring that recipients have consented to receiving such communications and that the information contained in the communications are accurate and complete.

 

SICOM does not sell personal information.

 

HOW WE SHARE PERSONAL INFORMATION

 

We are a multinational business headquartered in the United States, with subsidiaries and affiliates in various countries around the world. Your personal information may be disclosed to recipients located outside of your country, including our global subsidiaries and affiliates. Subject to your consent if required by applicable law, SICOM may share personal information with our parent company, subsidiaries, or affiliates where such disclosure is necessary to provide you with our Services or to manage our business. In most cases, we will remain responsible for that company’s processing of your personal information pursuant to applicable data privacy laws.

 

We will take appropriate steps to ensure that transfers of personal information are in accordance with applicable law, are carefully managed to protect your privacy rights and interests and limited to countries which are recognized as providing an adequate level of legal protection or where alternative adequate arrangements are in place to protect your privacy rights.

 

SICOM may share personal information with our service providers who perform services on our behalf. Some examples of things that service providers do that may involve your personal information include:

 

       Developing, hosting, and maintaining the Sites and providing certain services on our behalf;

       Authorizing of credit card and other financial transactions for our Customers and their guests; and

       Aggregating and/or analyzing personal information in order to help deliver the Sites and services to our Customers.

 

Our service providers will be contractually limited in the way they may use personal information maintained by SICOM, including requirements that such information be maintained in a confidential and secure manner.

 

Depending on our Customers’ instructions, SICOM may also share certain personal information with the relevant brand franchisors or their affiliates.

 

If a Customer requests SICOM to process, transmit or store any personal information, as that term may be defined by applicable law, the Customer (i) agrees to limit such use to the minimum necessary for management of its operations and (ii) agrees to comply with all requirements provided under applicable law.

 

In the event that a division, a product or all of SICOM is acquired, sold or otherwise transferred, or is in the process of a potential transaction, personal information will likely be shared for evaluation purposes and included among the transferred business assets.

 

SICOM may also disclose specific personal information when such disclosure appears necessary to comply with applicable law, a subpoena in the course of managing a dispute, governmental inquiry or other litigation process.

 

We may also disclose information to our accountants, auditors, agents, lawyers and other advisors in connection with the enforcement or protection of our legal rights or to protect the interests or safety of our Customers, our Customers’ guests or employees or others, in accordance with or as authorized by law.

 

COOKIES AND OTHER TRACKING TECHNOLOGIES

 

A “cookie” is a text file that is stored to your browser when you visit a website. When you visit the Sites, we and our service providers may use cookies or similar technology to automatically collect certain information, including:

 

       Your Internet protocol (IP) address, MAC address or other device identifier;

       The kind of browser or computer you use;

       The number of links you click within the Sites;

       The state or country from which you accessed the Sites;

       The date and time of your visit to the Sites;

       The name of your Internet service provider;

       The web pages you linked to our Sites from; and

       Pages you viewed on the Sites.

 

 

Unique device identifiers like IP address or UDID recognize a visitor’s computer or other device used to access the internet. Unique device identifiers are used alone and in conjunction with cookies and other tracking technologies for the purpose of “remembering” computers or other devices used to access the Sites and Apps. 

 

Cookies can be classified by duration and by source:

 

   Duration. The Sites use both “session” and “persistent” cookies. Session cookies are temporary - they terminate when you close your browser or otherwise end your “active” browsing session. Persistent cookies remember you on subsequent visits. Persistent cookies are not deleted when you close your browser, and they will remain on your computer or other device unless you choose to delete them (see below for “How to Delete or Block Cookies”).

 

   Source. Cookies can be “first-party” or “third-party” cookies, which means that they are either issued by or on behalf of SICOM or by a third-party operator of another website. For an example of a third-party cookie, our Sites may contain a Facebook “like” button, which would set a cookie that can be read by Facebook. Our Sites may use both first-party and third-party cookies.

             

The cookies that we may use on the Sites fall into the following categories:

 

Strictly Necessary Cookies. These cookies are necessary for the website to function and cannot be switched off in our systems. They are usually only set in response to actions taken by you such as logging in or filling in forms. You can set your browser to block or alert you about these cookies, but blocking them may impede the functionality of the Sites.

Performance Cookies. These cookies allow us to count visits and traffic sources so we can measure and improve the performance of our site. They help us to know which pages are the most and least popular and see how visitors move around the site. All information these cookies collect is aggregated. If you do not allow these cookies we will not know when you have visited our site, and will not be able to monitor its performance.

Functionality Cookies.  These cookies enable the Sites to provide enhanced functionality and personalization. They may be set by us or by third-party providers whose services we have added to our pages. If you do not allow these cookies then some of these services may not function properly.

           

How to Delete or Block Cookies

 

On some Sites, when technically feasible, we will enable tools to help you make choices about cookies.  You may also delete or block cookies at any time by changing your browser settings.  You can click “Help” in the toolbar of your browser for instruction or review the cookie management guide produced by the Interactive Advertising Bureau available at www.allaboutcookies.org.  If you delete or block cookies, some features of the Sites may not function properly.

 

External Links

 

SICOM may provide links on our Sites to other websites that are not under our control. We do not endorse or make any warranty of any type regarding the content contained on such websites or products and services offered on those websites.

 

We encourage our users to be aware when they leave our Sites and to read the privacy statements of each and every website that collects personal information. This Notice applies solely to personal information collected by us. You should read any other applicable privacy and cookies notices carefully before accessing and using other websites.

 

YOUR LEGAL RIGHTS

 

As relates to their employees, agents or guests, our Customers are responsible for managing any individual rights request made under applicable data protection laws. If you are an employee, agent, or guest who uses SICOM for the purpose of interacting with our Customers and have questions about legal rights you may have with respect to your personal information collected by our Customer, please consult the Customer with which you have a relationship.

 

Subject to certain exemptions, and in some cases dependent upon the processing activity we are undertaking, some Customers and users of our Sites, including European Union residents and residents of the state of California, may have certain rights in relation to their personal information. These rights may include:

 

EU Resident Rights

What does this mean?

Right to be informed

You have the right to be provided with clear and easy-to-understand information about how we use your personal information. This is why we are providing you this Notice and we may provide other forms of notice, as appropriate or required by law, in the Services.

Right to access personal information

You have the right to access and receive a copy of personal information we hold about you.

Right to data portability

In some circumstances, you have the right to receive the personal information you request from us in a format that is user-friendly and enables you to transfer it to another provider.

Right to rectification

You have the right to correct or update your personal information if it is outdated, incorrect or incomplete.

Right of erasure

(“right to be forgotten”)

In some circumstances, you have the right to have your personal information erased or deleted.

Right to restrict/suspend processing of personal information

You may object to processing of personal information that is based on legitimate interest. You may withdraw consent for processing that is based on consent (this includes the right to opt out of direct marketing).

Right to information about information transfers

You have the right to obtain a copy of documents related to the safeguards under which your personal information is transferred outside the EU.

Right to complain to a supervisory authority

You have the right to contact the data protection authority in your country to complain about our data protection and privacy practices.

 

 

CA Resident Rights

What does this mean?

Right to know about personal information collected, disclosed, and sold

You have the right to request that we disclose to you what personal information we have collected, used, disclosed, or sold over the past 12 months. We have provided information about the categories of personal information we have collected, the sources from which we collected it, the purposes for which it was collected, and the third parties with whom we may share it with above. 

Right to opt-out of the sale of personal information

You may request that we do not sell your personal information to third parties.

Right to request deletion

In some circumstances, you have the right to have your personal information erased or deleted.

Right to equal service and prices (“non-discrimination”)

Your choice to exercise your privacy rights will not be used as a basis to discriminate against you in services offered or pricing.

 

 

HOW WE PROTECT AND DISPOSE OF PERSONAL INFORMATION

We take seriously our responsibility to protect the security and privacy of your personal information. We maintain administrative, technical and physical safeguards designed to protect the personal information you provide against accidental, unlawful or unauthorized destruction, loss, alteration, access, disclosure or use.

Any suspected attempt to breach our policies and procedures, or to engage in any type of unauthorized action involving our information systems, is regarded as potential criminal activity. Suspected computer mischief may be reported to the appropriate authorities.

Please remember that communications over the internet such as emails are not secure. We seek to keep secure all confidential information and personal information submitted to us in accordance with our obligations under applicable laws and regulations. However, like all website operators, we cannot guarantee the security of any data transmitted through the internet.

When we no longer need your personal information to provide the Services, it will be securely deleted or de-identified in a manner that ensures you cannot be re-identified.

 

CHILDREN UNDER 18

 

SICOM and our Sites and Services are not directed toward children and we do not knowingly solicit business from Customers under the age of 18. Any Customer use of the Service to collect personal information from persons under the age of 18 is subject to such Customer’s own privacy policy.

 

The following sections contain additional relevant information about our privacy practices:

 

Cross-border transfer of personal information.  In some cases, personal information that we manage, including information from our Customers and their employees, agents and/or guests located in various countries, including in Canada, the EEA and Switzerland or relative to sales queries or visitors to the Site may be transferred to the United States. You understand that your personal information may therefore be transferred, processed and stored outside of your country of residence, and therefore may be available to government authorities under lawful orders and laws applicable in such foreign jurisdictions.

 

SICOM participates in and has certified its compliance with the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework. We are committed to subjecting all personal data received from European Union (EU) member countries and Switzerland, respectively, in reliance on each Privacy Shield Frameworks, to the Framework’s applicable Principles. To learn more about the Privacy Shield Frameworks, and to view our certification, visit the U.S. Department of Commerce’s Privacy Shield List. [https://www.privacyshield.gov]

 

SICOM 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. SICOM complies with the Privacy Shield Principles for all onward transfers of personal data from the EU and Switzerland, including the onward transfer liability provisions.

 

With respect to personal data received or transferred pursuant to the Privacy Shield Frameworks, SICOM 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.

 

Under certain conditions, more fully described on the Privacy Shield website [https://www.privacyshield.gov/article?id=How-to-Submit-a-Complaint], you may be entitled to invoke binding arbitration when other dispute resolution procedures have been exhausted.

 

If you have an unresolved Privacy Shield complaint that we have not addressed satisfactorily, please contact our U.S.-based third party dispute resolution provider (free of charge) at https://feedback-form.truste.com/watchdog/request.

 

Changes and Updates.  We reserve the right, in our sole discretion, to modify, update, add to, discontinue, remove or otherwise change any portion of this Notice, in whole or in part, at any time. When we amend this Notice, we will revise the “last updated” date located at the top of the document. We will also take reasonable steps to ensure you are made aware of any material updates including providing you direct communication about such changes or providing a notification through the Services, as appropriate. If you provide personal information to us or access or use the Services after this Notice has been changed, you will be deemed to have unconditionally consented and agreed to such changes. The most current version of this Notice will be available on the Sites and Apps and will supersede all previous versions of this Notice.

 

Choice of Law.  This Notice, including all revisions and amendments thereto, is governed by the laws of the United States, State of Georgia, without regard to its conflict or choice of law principles which would require application of the laws of another jurisdiction.

 

Arbitration.  Except as otherwise provided in this Notice, by using the Services in any way, you unconditionally consent and agree that: (1) any claim, dispute, or controversy (whether in contract, tort, or otherwise) you may have against SICOM and/or its parent, subsidiaries, affiliates and each of their respective members, officers, directors and employees (all such individuals and entities collectively referred to herein as the "SICOM Entities") arising out of, relating to, or connected in any way with the Services or the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a sole arbitrator in accordance with the rules of JAMS; (2) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act ("FAA"), 9 U.S.C. §§ 1-16; (3) the arbitration shall be held in Atlanta, Georgia; (4) the arbitrator's decision shall be controlled by the terms and conditions of this Notice and any of the other agreements referenced herein that the applicable user may have entered into in connection with the Services; (5) the arbitrator shall apply Georgia law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (6) there shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only your and/or the applicable SICOM Entity's individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (7) the arbitrator shall not have the power to award punitive damages against you or any SICOM Entity; (8) in the event that the administrative fees and deposits that must be paid to initiate arbitration against any Global Entity exceed $125 USD, and you are unable (or not required under the rules of JAMS) to pay any fees and deposits that exceed this amount, SICOM agrees to pay them and/or forward them on your behalf, subject to ultimate allocation by the arbitrator. In addition, if you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, SICOM will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (9) with the exception of subpart (6) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (6) is found to be invalid, unenforceable or illegal, then the entirety of this Arbitration Provision shall be null and void, and neither you nor SICOM shall be entitled to arbitrate their dispute. For more information on JAMS and/or the rules of JAMS, visit their website www.jamsadr.com.

 

 

CONTACT US

If you are an employee, agent, or guest who has a relationship with one of our Customer’s and have a question about how your personal information is collected, used, or shared, or would like to exercise any rights you may have with respect to your personal information, please contact the Customer directly.

For other questions about this Notice, or if you want to exercise your rights as described in this Notice, you may contact us as follows:

 

Email: privacy@sicom.com

Tel: 1-215-489-2500

 

USA (SICOM Headquarters)

1684 South Broad Street Lansdale

Pennsylvania 19446

Attn: SICOM Privacy

 

Canada

333 Henry Street, Suite 2

Brantford, Ontario N3S 0H6

Attn: SICOM Privacy

 

In the event of any inconsistency between the English version of this Notice and any translation, the English version shall control.