[SmartCafe247.com] (the “Website”), and our automated food service kiosks (the “Kiosks”) are operated by Smart Cafe Holdings, Inc., a Delaware corporation (the “Company”). Throughout our Website and Kiosks, the terms “we”, “us”, “our”, and “Smart Cafe” refer to the Company. We offer these Website and automated food service kiosks, including all information, tools and services available from these Website and Kiosks to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated herein. By visiting our Website, Kiosks, and/or purchasing something from us, you engage in our “Service” or “Services” and agree to be bound by the terms and conditions (“Terms of Service” or “Terms”) as well as the Data Privacy Policy (“Privacy Policy”) described herein. The Privacy Policy applies to all users of the Website as well as our automated Kiosks, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. Please read the Privacy Policy carefully. By accessing or using any part of the Website and Kiosks, you agree that all data collected is subject to this Privacy Policy. If you object or do not agree to the entirety of either Terms of Service or Privacy Policy, then you may not access the Website, Kiosks, or use any Services. If these Terms of Service and/or Privacy Policy are considered an offer, acceptance is expressly limited to our Terms of Service. Our Terms of Service, inclusive of this Privacy Policy, are an electronic contract that sets out the legally binding terms of your use of the Website, Kiosks, and the related Services. By accessing our Website and/or Kiosks or creating a profile/account and becoming a registered user, you consent to have these Terms of Service and Privacy Policy provided to you in electronic form and you accept these Terms of Service and Privacy Policy and agree to the terms, conditions and notices contained or referenced herein. These Terms of Service, the Privacy Policy and any other policies referenced may be modified by the Company at its sole discretion from time to time, such modifications to be effective upon posting on the Website by the Company and your use of the Website and Kiosks after such posting will constitute acceptance by you of such changes. Please consult these Terms of Service and the referenced policies regularly. This Privacy Policy was last updated October 2024. Any new features or tools which are added to the current Website and Kiosks shall also be subject to the Privacy Policy. You can review the most current version of the Privacy Policy at any time on this page. You must have access to the World Wide Web, either directly or through devices that access web-based content and pay any service fees associated with such access. In addition, you must use all software and equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. We reserve the right to update, change or replace any part of the Privacy Policy by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Website and Kiosks following the posting of any changes constitutes acceptance of those changes. Please print a copy of this document for your records. To retain an electronic copy of the Privacy Policy, you may save it into any word processing program.
The Company wants to make your online and Kiosk experience pleasant, convenient and safe. “Personal information” is information about an identifiable individual, which includes name, address, e-mail address, mobile phone number, and other information that is identifiable to you, as more particularly defined by privacy legislation. By using our Website and Kiosks, creating a profile, or by providing us with your personal information, you signify your agreement and acceptance to the conditions stated in our Privacy Policy and our Terms of Service.
The information that the Company collects from you depends upon your interactions with us, our Website, and our Kiosks. For example, if you choose to contact us with a question, the Company will collect your first and last name, company name, telephone number, email address, country, city, state, postal code, interest, and any other information you provide us in the questions and comments SECTION of the “Contact Us” form. If you consent to provide your information for purposes of staying in touch with you to provide loyalty offerings, promotions, and other promotional and marketing communications, then we will collect your email address and/or your mobile phone number. If you subsequently wish to opt-out of marketing communications, please see “How do I withdraw my consent” below. If you consent to our use and deployment of internet cookies, we collect certain statistical information about you while you interact and browse our Website. This information includes the web address that you were viewing immediately prior to arriving at the Website, the web address you visit next (whether the URL is on our site or not), the browser type you are using, the type of computing device you are using, information about your internet provider, a unique identification number, your language preference, country, and internet protocol (“IP”) address. How do I withdraw my consent? If after you opt-in to provide your email address and/or mobile phone number, you change your mind, you may withdraw your consent (“opt-out”) for us to contact you for the continued collection, use or disclosure of your information, or to review, correct, update, suppress or otherwise limit our use of your personal information at any time, by contacting us at info@smartcafe.com or via our other contacts in the Contact Us information at the end of the Privacy Policy. If you would like to review, correct, update, suppress, or delete any of the personal information you have provided us, please contact us using the information listed under the heading “Contact Us.” Please clearly describe your request and include enough details so that we may be able to locate your information, or in the alternative, contact you (to the extent not prohibited by applicable law) to verify your request or to obtain additional information necessary to complete your request.
We may disclose your personal information if we are required by law to do so or if you violate our Terms of Service. We may also disclose a portion of your personal information such as email address and mobile phone numbers outside the Company to third-party providers for purposes of marketing communications as outlined in SECTION 6 below. In these cases, the information you provide to the Company is optional, and you may opt-out at any time in order to remove your information from further disclosure. To opt-out, please see the SECTION above “How do I withdraw my consent?”.
It is the Company’s policy not to collect, acquire, or store your payment information. Your payment information is transmitted directly to our Payment Gateway devices, which are isolated from the Company’s own IT systems. The Company has contractual relationships with third-party payment gateway systems for purposes of processing your payments in exchange for Services. In all cases, payment gateway systems provided for your use by the Company to accept and process payments in exchange Services offered by our Website and Kiosks have been certified compliant with all applicable federal, state and local laws governing the security, privacy and protection of your personal financial information. Payment gateway devices and services offered by the Company are certified compliant with Payment Card Industry Data Security Standard (PCI DSS) security standards. To obtain copies of certifications, please contact us at: info@smartcafe.com. Use and disclosure of your personal payment and credit card information submitted and used for payment by our third-party payment gateway is subject to the applicable privacy data policies, regulations, and governing laws in the jurisdiction where your transaction took place (including the United States Patriot Act). Personal and financial information submitted to our payment gateway for processing is not subject to this Privacy Policy or our Terms of Service. If you have concerns regarding possible disclosure of personal financial information used for processing payments, the Company recommends you research regulatory information from your local and federal government entity.
In general, all other third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us, or based on your consent when you provided said information to us, including your email address and mobile phone number. The Company contracts with other third-party service providers for certain services in connection with providing the services on our Website and Kiosks, including web and data hosting, printing, delivery, and marketing service providers and communications. Our contract with these third parties limits their use of your personal information to the performance of their services to us. Personal information you provide to us is optional, and you may opt-out of our use of your information at any time by contacting info@smartcafe.com. In connection with our use of internet cookies, as detailed in the foregoing SECTION, we utilize Google Analytics. We receive compensation through Google Analytics for the information they collect through cookies. More information about Google Analytics is available by following the link in the foregoing SECTION (SECTION 26). Web Links When you click on links on our Website, they may direct you away from our Website. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements. To the extent our Website includes internet hyperlinks, which redirect you to a third party website, you should be aware that these third party websites are not controlled by the Company and, therefore, are not subject to this Privacy Policy. You are encouraged to consult the privacy policies of those third-party websites to determine how your personal information will be utilized by those operators.
The Company has endeavored to create a secure and reliable Website and Kiosk experience, but please be advised that the confidentiality of any communication or material transmitted to or from the Company via the Company’s Website, Kiosks, or by email cannot be guaranteed. You should remain mindful of the fact that disclosing any personal information over the internet could be intercepted and made accessible to the public and consequently, collected and used by others. The Company has no responsibility or liability for the security of information transmitted over the internet.
Our Website deploy internet cookies to your computing device in accordance with this Cookie Policy. The Company utilizes Google Analytics. For additional information on how Google uses data collected through its analytics service, please visit: https://policies.google.com/technologies/partner-sites.
We are concerned about the safety of children when they use the Internet and will never knowingly request personally identifiable information from anyone under the age of 13. We do not knowingly solicit information from or otherwise market to minor children (anyone under the age of 18 or legally defined as a minor under applicable law). If you are under 18 years of age or otherwise classified as a minor, you should not provide any information to us. If a minor child has provided us with personal information, the child’s parent or guardian should contact us using the information provided below to have us delete such information from our records.
We reserve the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on our Website and Kiosks. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it. If our site is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell products to you.
We ask that you not send us, and you not disclose, any sensitive personal information (e.g., information related to racial or ethnic origin, political opinions, religion or other beliefs, health or medical condition or criminal background) on or through our Website, Kiosks or otherwise to us.
Effective January 1, 2020, a California resident has the right to request a business that collects personal information about the consumer provide information regarding (1) the categories of personal information it has collected, (2) the categories of sources it has obtained personal information from about the consumer, (3) the business or commercial purposes for collecting or selling personal information, (4) the categories of third parties the business shares personal information with, and (5) the specific pieces of information it has collected about the consumer. Consistent with the foregoing SECTIONs of this Privacy Policy, the categories of personal information collected through this website include contact information, such as your first and last name, email address, phone number, company name, country, city, state, and postal code information, your interests, and any other information you provide us for purposes of responding to a request. We also collect statistical information from internet cookies, such as web history, web browser type, device type, information about your internet provider, a unique internet ID number, your language preference, country, and your IP address. The specific information we have about a California resident can be requested through our website, along with any of the foregoing, by contacting us using the contact information under the heading “Contact Us.” A California resident has the right to request the deletion of their personal information, which can be made by contacting us using the contact information under the heading “Contact Us.”
A California consumer has the right to request of a business that sells or discloses the consumer’s personal information for a business purpose, to disclose to the consumer: (1) the categories of personal information that the business has collected about the consumer, (2) the categories of personal information the business has sold about the consumer and the categories of third parties to whom such personal information was sold, and (3) the categories of personal information that the business disclosed about the consumer for a business purpose. We do receive valuable consideration from our third-party analytics service providers for the information collected from that service provider’s cookies. We also disclose personal information we collect for a business purpose to our third-party service providers, including our data and web hosting providers, printing, delivery and marketing service providers in accordance with this Privacy Policy.
The CCPA prohibits a business from discriminating against a consumer on the basis that such consumer exercised their data rights. You may contact us to exercise any of the foregoing data rights by using the information provided under the heading “Contact Us.”
The European Union’s (“EU”) General Data Protection Regulation (“GDPR”) requires us to provide an EU data subject with certain information when their personal data is collected. References in this SECTION to terms such as “controller,” “personal data,” “processor,” and “supervisory authority” are intended to refer to and have the same meanings conferred to those terms in Regulation (EU) 2016/679 of the European Parliament and of Council of 27 April 2016.
Smart Cafe Holdings, Inc. 717 Texas Avenue, Suite 1200 Houston, TX 77002 Contact support@smartcafeholdings.com