Nuvioo POS:
Privacy Policy

1. Scope

This Statement mainly pertains to:

Merchants: businesses that have shown interest in utilizing our Services or have entered into a contract with Nuvioo to use our Services within their establishments (in this context, the term 'Merchant' refers to individual business owners); Merchant Employees: personnel of our Merchants who use the Services; and Customers: individuals who use our Services at any of our Merchant's establishments, through a business partner, or directly through Nuvioo. Additionally, this Statement covers individuals who visit our websites, including https://nuvioo.com (collectively referred to as our "Websites") and our third-party business partners.

For users of our Nuvioo Payment service, you are authorizing and instructing Nuvioo to obtain relevant information (e.g., transaction data) from any Nuvioo card issuing bank or processor for the provision of that service. We will use and share any information we gather from you regarding that Service in accordance with our Privacy Notice available on our website or within the Nuvioo mobile application.

Please be aware that, although our operations are currently only in Texas, any future expansions into other regions may necessitate location-specific privacy practices in compliance with the applicable laws. In such cases, a location-specific addendum will be added to this Privacy Statement to accommodate variations or additional information required by the country or state law for those locations. However, as of now, there are no location-specific addendums.

2. Definitions

Here are a few terms that we use in this Privacy Statement that you might want to understand:

"Nuvioo Workforce and Operations Management" is a module we offer as part of our Services, targeted towards Merchant Employees, which includes a range of HR-focused services such as payroll, benefits administration, card services, scheduling, and applicant tracking services.

"Services" refers to services and products (both hardware and software) that we develop or manage from time to time, including:

  • our core point-of-sale (POS) system
  • payment processing services
  • our application programming interfaces ("APIs")
  • associated modules provided as part of our POS system, like our loyalty, marketing, inventory, invoicing, waitlist and reservations, delivery, and Nuvioo Workforce and Operations Management modules
  • our digital ordering services, such as online ordering, pickup and delivery services, contactless order and pay at the table functionality, gift cards, and our mobile application(s)
  • accounts created through our digital ordering services ("Digital Ordering Account(s)")
  • other mobile application(s) developed as part of the Services, including our Merchant and Merchant Employee-facing mobile applications (e.g., the Nuvioo mobile application)
  • Health, wellness, and other benefit products or services developed, or offered, by Nuvioo or its third-party business partners for Merchant Employees
  • Insurance-related services
  • Merchant financing and other financial products offered by Nuvioo or its business partners, including, without limitation, banks and other financial institutions.

Collectively, these are referred to as the "Services". Please note that some Services may be facilitated through our Websites or via our third-party business partners.

"You" and/or "your" refers to a Merchant, a Merchant Employee, a Customer, a visitor to one of our Websites, or another data subject covered by this statement.

3. Personal Information We Collect

The personal information we collect varies based on your interactions with our Services and our Websites. This includes Merchants who sign up to use our Services, Merchant Employees involved in the Merchant's operations, and Customers who might use our Services independently or engage with our Merchants. While some information is gathered automatically or from sources outside of Nuvioo, most of it is collected when you use our Services or our Websites. Here is a breakdown of what we collect:

Personal Information Collected Through the Services

A. Merchants

If you are a Merchant, we collect personal information from you related to your service agreement and usage (or prospective usage) of the Services, which can include:

  • Your name
  • Address
  • Email
  • Date of birth
  • Phone number

As part of our application process and agreement to provide the Services, we also gather additional information, such as your tax identification number, national identification number (e.g., Social Security number or passport number), your driver’s license details, and your banking and payment card information. If you are a business partner seeking to integrate with Nuvioo, we also collect information such as your name and contact details as part of your application to integrate with our Services.

B. Merchant Employees

If you're a Merchant Employee, we collect personal information about you through your usage of the Services. This includes:

  • Your name
  • Email
  • Phone number
  • Employee identification number
  • Address
  • Date of birth
  • Information relating to your role, such as job title, wage rates, salary, and hours worked

If you are employed by a Merchant that uses the Nuvioo Workforce and Operations Management module, we may also collect:

  • Your Social Security number or other national identification number
  • Banking information as part of payroll
  • Your professional and educational history
  • Tax documentation such as your W2 and 1095 tax forms
  • Your benefit elections
  • Driver’s license information
  • Gender
  • Marital status
  • Disability status
  • Ethnicity
  • Your dependent and beneficiary information

The actual personal information collected will depend on the specific Nuvioo Workforce and Operations Management services you or your employer have elected to use. Please contact your employer for additional information.

C. Customers

We collect information from you through your use of the Services, which may include creating a Digital Ordering Account, using our online ordering features and mobile application(s), and other related products. We may also collect and/or receive your personal information when you place an order with, make a purchase from, or complete a transaction with our Merchants or participate in their respective loyalty programs.

Depending on which Service(s) you have used, personal information collected may include:

  • Your name
  • Contact details such as your phone number and email
  • Your address and other general location details
  • Your payment card information
  • Transaction information and details
  • Your date of birth (if you choose to provide it)
  • Information about your vehicle (for users of our curbside pickup service)
  • Account and profile information such as your username and password
  • Information related to a Merchant’s loyalty program, if applicable
  • Waitlist or reservation details
  • Your feedback regarding experiences at our Merchants' establishments (if you choose to provide it)

The actual personal information collected will depend on the Services being used. For example, as a Customer, your payment card may be linked to a specific loyalty account or Merchant-specific profile related to your interactions with that Merchant.

If a Customer chooses to provide information about their dietary requirements as part of a reservation or their dining experience, they are consenting to having that information used as part of that experience and the Service.

Personal Information Collected Through Our Websites

We may also collect personal information when you visit our Websites and request information about our Services, download a white paper, schedule a product demo, or subscribe to our media channels (e.g., blogs, podcasts, etc.). This personal information may include:

  • Your name
  • Email
  • Phone number

Certain information may also be collected automatically when you visit our Websites. For more information, please see the section of this Statement entitled “Information Collected Automatically.”

Personal Information Collected From Other Sources

Depending on whether you are a Merchant, a Merchant Employee, a Customer, or a visitor to one of our Websites, we may also collect personal information about you from third parties including our business partners, data providers, identity verification services, credit bureaus (if applicable), banks and other financial institutions and credit card companies. We may also collect information from you that is publicly available. For example, if you interact with us or share your information through various social media channels.

Information Collected Automatically

We collect information automatically when you visit our Websites, use our mobile application(s), complete a transaction, or use our online services, such as online ordering. For transactions, this may include personal information such as your name when a payment card is used. Information collected automatically by cookies, web beacons or other similar technologies (described in the “Cookies and Other Tracking Technologies” section of this Statement) may include:

  • Information about your device
  • Information about your browser, settings, and operating system
  • Your internet protocol (IP) address
  • Unique advertising identifiers
  • Transactional and purchase information
  • Browsing and usage activity

We may also collect geolocation information through your devices, depending on the Services being used or the Websites you access. This information may be collected via GPS, Bluetooth, cellular, or WiFi technologies. You can adjust your settings at the device or browser level to disable the use of these technologies.

4. How Nuvioo uses your personal information

Your personal information is primarily used to deliver our Services, manage our business operations, communicate with you, and perform marketing activities as permitted by the relevant law or when we have your consent. It also aids us in fulfilling any legal, compliance, or security-related obligations. The specific usage of your personal information depends on the nature of the Services provided to you and may vary based on whether you are a Guest, a Merchant, a Merchant Employee, or any other individual mentioned in this Statement. Below, you'll find a more comprehensive explanation of how we use your personal information.

Nuvioo uses your personal information to:

1. Offer, maintain, and enhance our Services:
  • To provide updates, support, and training related to our Services.
  • To ascertain eligibility for specific Services.
  • For agreement and contractual purposes.
  • To facilitate transactions and process payments through our Services.
  • To enable our Merchants and their Employees to access and use our Services, incorporating the information you provide during use. 
  • To offer online services, including identity verification, and technical and service issues diagnosis.
2. Manage our business and support internal operations:
  • To evaluate the performance of our Services.
  • For workforce and service development.
  • To generate and utilize analytics for our business' benefit and that of our Merchants.
  • For research purposes, including the creation of new products.
  • To assess the effectiveness of our Services.
  • To improve our Services and Websites.
3. Enhance your experience:
  • To create Merchant-specific profiles based on your interactions across various Guest-facing Services. For example, making a payment at a Merchant's restaurant, joining a waitlist, making a reservation, placing a digital order, or joining a Merchant's loyalty program.
  • To use transactional data and order histories for recommendations when using our Services or those of our Merchants.
  • To use details of your dining experience to personalize your future visits at our Merchant’s restaurants.
  • To use analytics and profiling technology to tailor your online experience on our Websites.
4. Market and advertise to you:
  • To send you marketing communications about our existing or new Services that we believe might interest you.
  • To display advertisements for Nuvioo or third-party services on our digital ordering services and mobile applications.
  • To enable our Merchants or business partners to advertise their products and services to you. Communications sent to you in this context will always comply with the applicable laws or with your explicit consent. For more details on opting out of these communications and updating your preferences, please refer to the “Your rights and choices” section of this Statement.
5. Communicate with you or respond to your requests:
  • To provide notifications related to your purchases.
  • To send you white papers and other materials from our Websites.
  • To provide you with our newsletters, podcasts, and other subscription materials.
  • To send you digital receipts.
  • To respond to your feedback regarding our products or Services or those of our Merchants.
6. For legal, compliance, and security-related purposes:
  • To fulfill our legal obligations, including compliance with anti-money laundering, know-your-customer, or similar laws in any relevant jurisdiction.
  • To secure and protect our network and systems.
  • To identify and safeguard against fraud and other criminal activities.
  • To establish, exercise, or defend legal claims.
  • To perform our contractual obligations. - To monitor and report compliance issues.

5. How Nuvioo shares your personal information

There are occasions when Nuvioo shares the personal information it collects or processes from you to provide our Services or meet other purposes outlined in this Statement. If you are a Guest, this involves sharing personal information with our Merchants, their Employees, and authorized third-party partners. We also have multiple relationships with third-party service providers and business partners who help us deliver, enhance, and develop our Services.

Nuvioo may share personal information in the process of delivering Services and for the purposes detailed in this Statement, including:

  • With our Merchants and their Employees to deliver Services, meet your requests, and other purposes outlined in this Statement. As part of Service delivery (for instance, when you complete a transaction at a Merchant's restaurant or through our digital ordering services, join a waitlist, or make a reservation), Nuvioo shares your order or reservation details with the Merchant. This may include personal details like your name, contact information, and specifics about your dining experience, such as reservation details, dining preferences, and special requests. In some cases, where a Merchant is part of a larger management group, this information might be shared with other restaurants within that group for future dining experiences.
  • With our third-party business partners to provide, maintain, improve, and expand our Services.
  • With third-party integration partners chosen by the Merchant or those with whom you conduct business, where Nuvioo is directed to share your information as part of the Services.
  • With our parent, subsidiary, or affiliate companies, agents (if any) for the purposes mentioned above.
  • With third parties to provide, maintain, and improve our Services. This includes service providers who access your information to perform services on our behalf or on our Merchants' behalf. Examples include hosting and IT services, payment services, identity verification and fraud prevention services, marketing and advertising services, data analytics and personalization services, and customer support services. Please note:
    • If you're a Merchant Employee whose employer uses the Nuvioo Payroll and Team Management module, we'll share your information with benefits, payroll, and other employment-related service providers.
    • If you're a Merchant applying for financing through Nuvioo’s platform, we'll share your information (including personal information) with the lender. The application process may involve a credit report request from third-party credit bureaus to determine your financing eligibility.
  • In connection with, or during negotiations of, any merger, sale of company assets or stocks, financing, acquisition, divestiture, or dissolution of all or a portion of our business.
  • If we believe it's authorized or necessary to:
    • Protect our rights, property, the security or integrity of our Services or Websites.
    • Enforce our terms of service or other applicable agreements or policies.
    • Protect us, users of our Services, or the public from harm or potentially prohibited or illegal activities.
    • Investigate, detect, and prevent fraud and security breaches.
    • Comply with any applicable law, regulation, legal process, or governmental request (including court orders, subpoenas, or search warrants).

We may also share aggregated or anonymized information derived from our Services that doesn't directly identify you, including device information and details derived from cookies and log files, with third parties for the purposes detailed in this Statement.

For those using the Nuvioo Pay Card and PayOut Service, please refer to our Privacy Notice here or within the MyNuvioo mobile application for information on how we disclose your information to provide that Service.

6. Storage of personal information

Nuvioo stores personal information for a duration deemed necessary to deliver our Services, fulfil the objectives outlined in this Statement, or meet any requirements needed to comply with our records retention periods, which are in line with applicable laws. For instance, we may retain information about our Service users to comply with our legal and regulatory obligations, or to protect our interests in the process of providing the Services.

7. Usage of cookies and other tracking technologies

Nuvioo, along with third parties described in this Statement, may employ cookies, web beacons, and other tracking technologies in the process of delivering our Services and for the purposes outlined in this Statement. We use these technologies to:

  • Enable the provision of our Services (e.g., authentication during the check-out process)
  • Uniquely identify you and/or your device
  • Store your preferences as part of providing the Services
  • Enable personalization and targeted advertising (including across your devices and applications)
  • Enhance security and prevent fraud
  • Monitor and analyze our Services' performance
  • Improve and develop new Services
  • Understand your usage of the Services over time

A "cookie" is a small text file saved in your browser when you access our Websites and possibly the websites of our Merchants, business partners, and other third parties. We use both session cookies (i.e., cookies stored only for a specific website visit) and persistent cookies (i.e., cookies stored beyond a specific website visit) to deliver the Services and for the purposes outlined in this Statement. These cookies can be set by us (first-party cookies) or by third parties collecting information on our behalf (third-party cookies), such as Google Analytics.

Tracking technologies like web beacons/GIFs, pixels, page tags, embedded scripts consist of small transparent image files or other web programming codes that record your interaction with websites, mobile applications, and services. They are often used alongside web browser cookies or other identifiers linked to your device.

In the course of delivering Services, we use these and similar technologies across our Websites and within our Services. Examples include:

  • Enabling the provision of our Services (e.g., authentication during the check-out process)
  • Uniquely identifying you and/or your device
  • Storing your preferences as part of providing the Services
  • Enabling personalization and targeted advertising (including across your devices and applications)
  • Enhancing security and preventing fraud
  • Monitoring and analyzing our Services' performance
  • Improving and developing new Services
  • Understanding your usage of the Services over time

We also use pixels and related technologies as part of session replay services on specific Websites that are used to understand and improve functionality and individual experiences on those sites.

You can control and/or reject cookies and similar technologies through your browser settings. As every browser is different, please refer to the "help" menu within your browser for guidance. For more information about cookies and how to control their use on various browsers and devices, visit http://www.allaboutcookies.org. Please note that depending on the Services used, restricting cookies may prevent you from accessing and using all or part of the Services.

Targeted advertising and your choices

In certain instances, we permit third-party advertising partners to apply cookies, web beacons, and other tracking technologies on our Websites, mobile applications, and within our Services to gather information about you and your activities for interest-based advertising or other targeted content. The collected information could be associated with your personal data or they may collect details, including personal data, about your online activities over time and across different websites and other online services. This data may be shared with advertising networks and other content providers.

If you wish to opt out of receiving online interest-based advertisements, you can do so by adjusting your browser settings and opting for an opt-out cookie. Please note, these opt-out cookies work only on the specific internet browser and device they are downloaded onto. If you want to opt out of interest-based advertisements across all your browsers and devices, you'll need to opt out on each browser on each device you actively use. If you generally delete cookies on your device, you'll need to set the opt-out cookie again on that device. Opting out of interest-based advertisements on mobile applications can be done via the settings on your mobile device.

Please remember that when you opt out of receiving interest-based advertisements, it doesn't mean you will no longer see advertisements from us or on our online services. It simply means that the online ads you do see will not be tailored to your interests. We are not responsible for the effectiveness of, or compliance with, any third-parties’ opt-out options or programs or the accuracy of their statements regarding their programs. Furthermore, third parties may still use cookies to collect information about your use of our online services, including for analytics and fraud prevention.

Do not track

We may allow third-party service providers and other third parties to use cookies or other technologies on our Services that collect information about your browsing activities over time and across different websites following your use of the Services. Do Not Track (“DNT”) is an optional browser setting that allows you to express your preferences regarding tracking across websites. Currently, outside of certain opt-out preference settings within the browser used to access our Websites, we do not respond to DNT signals, and we may continue to collect information as described in this Privacy Statement from web browsers that have enabled DNT signals or similar mechanisms.

8. Your Rights and Preferences

In our commitment to ensuring your rights regarding the use of your personal information within the scope of our Services, as outlined in this Statement, we acknowledge that you might wish to update, rectify or manage the personal information that we process. This includes both communications pertaining to our Services or specific interactions with you, as well as marketing communications where we have your consent or as otherwise permitted under the applicable law. Depending on your engagement with Nuvioo, we provide the means to manage your personal information either directly within the Services or by contacting Nuvioo.

Managing Your Information

Our aim is to provide you with the necessary tools to manage your personal information effectively. We rely on you to ensure the accuracy, completeness, and timeliness of your information, and we request you to inform us about any changes to your personal information.

The ability to modify and manage your personal information may differ based on your relationship with Nuvioo and the Services you utilize. For instance,

  • As a Merchant, you may access, alter, or rectify specific account information at any time by logging into your account. In certain circumstances, please contact our customer success team for assistance.
  • As a Merchant Employee utilizing the Nuvioo Payroll and Team Management module or other Merchant Employee-facing Services, you generally have the ability to access and update your information through the Services. In certain situations, please liaise with your Merchant Employer.
  • As a Guest, depending on the Services you use, you may be able to access, change, and update your information through an account created as part of the Services. If you are a Guest and wish to have your account deleted or have other questions about your account, please reach out to our support team. In specific cases, you can also submit a request for deletion of your account directly within the mobile application. In all other cases, if applicable, refer to the instructions provided as part of the Services or contact us as outlined in the “How to Contact Us” section of this Statement. We may need to verify your identity before amending or rectifying your information. In certain circumstances, due to legal, contractual, or technical limitations, we may be unable to make the desired alteration or accommodate the request.

Please be aware that depending on your status, location, and applicable law, you may be entitled to additional information rights in relation to the processing of your personal information. For more details about these rights, and the locations/circumstances where these rights are available, please refer to the respective addendums in this Statement.

Managing Communications

As part of the Services, Nuvioo (directly or via a third party) may send you:

Marketing Communications:

Depending on our relationship and the Services utilized, we may send you marketing and other promotional communications about new or existing Services we believe you may find interesting. These marketing communications may include marketing text messages if you have opted in to receive them. You can opt-out or unsubscribe from any marketing communications by following the instructions in those messages, by adjusting your communications preferences within your account or through your device, or by reaching out to us at our designated contact. Please note that opting out of one form of communication will not necessarily opt you out of all marketing communications. It's important to note that certain non-marketing communications may still be received after opting out. These messages may include transaction-specific communications, loyalty program messages, or account-specific communications. If you are located outside the United States, we will not send you direct marketing communications without your opt-in consent or as otherwise permitted under the applicable law.

Our Merchants (including those within a Merchant’s management group) may also send you marketing and promotional communications as part of the Services, including when you visit a Merchant using Nuvioo or join a Merchant-specific loyalty program. In these instances, please follow the instructions within those messages to opt out or reach out to the Merchant directly.

Other Communications:

As part of your interaction with our Services, you may receive various non-marketing communications from Nuvioo that may be sent via email or text message. These include:

For Guests:

Digital receipts or other messages related to the Services you engage with; Notifications sent by Merchants and/or third-party service providers as part of our Services, such as order status, delivery or pick-up notifications, and information about our reservation and waitlist services; Responses to feedback that you have provided regarding the Services of Nuvioo or one of our Merchants; Account or program-specific messages as part of your use of the Services (e.g., loyalty accounts with our Merchants or setting up an account); or Messages related to contests, competitions, or promotions that you have chosen to participate in.

For Merchants and Merchant Employees:

Messages related to Nuvioo’s services and demo requests (for prospective Merchants); Onboarding related messages related to setting up the Services; or Messages related to Services that you are using or are under your account. Depending on the nature of your relationship with Nuvioo and the Services being used, you may also receive messages from third-party service providers and business partners.

For additional information about how we communicate with you, please contact us at our designated contact.

9. Safeguarding Your Information

We employ appropriate administrative, physical, and technical security measures to reasonably safeguard your personal information against unauthorized access, disclosure, damage, or loss. However, please note that despite our efforts to protect your personal information, we cannot guarantee that collection, transmission, and storage of personal information will always be completely secure.

10. Third-Party Websites and Services

This Privacy Statement solely applies to information gathered when visiting our Websites or utilizing our Services. While using our Websites or Services, you may encounter links directing you to third-party websites or services, which are neither operated nor controlled by us. For instance, the websites of our Merchants or business partners that provide services under this Statement. We do not hold responsibility for the privacy practices and policies of these third parties. Consequently, we recommend reviewing the privacy policies of these third-party websites as their practices might differ from ours.

11. Protection of Children's Information

Our Services are not designed or intended for children under the age of 13, and we do not intentionally collect or solicit personal information from children under this age. If you believe that a child under the age of 13 has provided personal information to us, we encourage the child’s parent or guardian to get in touch with us as outlined in the “How to Contact Us” section of this Statement to request that we remove the information from our systems. If we learn that any collected personal information was provided by a child under the age of 13, we will promptly delete that personal information. Nonetheless, we do process personal information about children when necessary for the services we provide and when it is supplied to us. For instance, if you are a Merchant Employee, we may collect information relating to children if your employer uses the Nuvioo Payroll and Team Management module and you add them as dependents under your benefits policies.

12. Reaching Out to Us

If you have any inquiries or concerns about our Privacy Statement, our practices, or our adherence to applicable privacy laws, you can contact us at:

By email: privacy@nuvioo.com

By post: Attn: Nuvioo Privacy Office

Nuvioo LLC
2909 E Arkansas Ln Suite C,
Arlington, Texas 76010

By phone: (817) 402-2992