Espressly User Privacy Policy

Espressly ("Espressly", "we", "our", or "us"), develops and supports mobile applications and websites that enable Restaurants (including Coffee Shops) to provide Services to its customers, including, without limitation, mobile payment, ordering, Loyalty Programs, and customer support services.

This Espressly User Privacy Policy ("Privacy Policy") applies to all the websites and mobile applications offered by Espressly (including those offered by third parties integrated to the Espressly platform), and all related features, functionality, and services now or in the future that reference this Privacy Policy.

This Privacy Policy explains how Espressly collects, uses, and discloses your personal information when you create a Espressly User Account or otherwise use the Services we provide on behalf of a Restaurant or Coffee Shop. If you are interacting with a Restaurant that uses Espressly to power its App and/or websites, and has linked to this Privacy Policy, it applies to you.

Please note: This Privacy Policy does not cover or address the privacy practices of Restaurants. Restaurants are independent third parties that maintain their own business practices and policies outside of their relationship with Espressly and their use of the Services. Accordingly, we are not responsible for the Restaurant’s independent collection, use or disclosure of your personal information outside of the Services we provide. For more information, please contact the Restaurant directly or refer to the Restaurant’s own privacy policy.

This Privacy Policy also does not cover or address the data collection and use practices of the Espressly-branded website or its business-to-business marketing activities, the privacy practices relating to the personal information of job applicants, employees and other personnel. Please refer to those separate websites for applicable privacy policies.

By accessing or using the Services, you agree that you have read, understood and agree to our collection, storage, use and disclosure of your personal information as described in this Privacy Policy and our User Terms of Service.

1. Personal Information We Collect

1.1. Data Provided Directly By You:

1.2. Personal Information Generated and/or Automatically Collected During Your Use of The Platform:

1.3. Data From Other Sources:

2. How We Use Your Information

2.1. Provide Services to The Restaurant and to You.

We provide the Services to you on behalf of Restaurants; accordingly, we use your personal information to create Espressly User Accounts, accept orders, process payments, and operate Loyalty Programs for Restaurants.

2.2. Maintain and Improve The Apps and Services.

We may use your personal information to provide, maintain, improve and develop the Apps and Services. Specifically, we use your personal information in order to (i) provide the Services to you on behalf of Restaurants, including, without limitation, processing charges, sending receipts, and tracking and notifying you of User Credit; (ii) providing custom and personalized content and information; (iii) to perform analytics, detect activity patterns and otherwise research usage; and (iv) to test and develop new features and functionality and otherwise enhance the Apps and Services.

2.3. Maintain The Safety, Stability and Security Of The Services.

For example, we may use your personal information to investigate and remedy fraudulent or allegedly fraudulent activity as well as diagnose or fix technology problems.

2.4. Communications With You to Provide Support and Other Important Messages.

We may use personal information to communicate important messages to you and/or to provide you with support. For example, we might send you service-related emails or messages (e.g., changes or updates to features of the Services, technical and security notices) and other communications from or about the Service.

2.5. For Advertising and Marketing Purposes.

For example, Espressly or Restaurants may contact you, or engage a third-party to contact you, in relation to our Services as well as other promotions and offers that you have requested or we believe might interest you. We may permit you to refer us to your friends so that we may send them promotional offers. Additionally, any personal information that we collect via Facebook may be used for open graph posts.

2.6. Legal and Regulatory Requirements and Proceedings.

We may use the personal information in connection with legal proceedings and requirements. For example, we may need the personal information to enforce our corporate reporting obligations and our Terms of Use, or to comply with applicable laws.

2.7. Enforce Our Rights.

When you access or use our Apps and Services, you are bound by our User Terms of Service and this Privacy Policy. To ensure you comply with them, we may use your personal information to monitor, investigate, prevent and/or mitigate violations of these legal provisions, as well as enforce our agreements with third parties and business partners.

2.8. Other Purposes Disclosed At The Time Of Collection.

From time to time, we may use personal information for a specific purpose not contemplated by this Privacy Policy. In such an event, we will specifically disclose that use to you.

3. Sharing Of Your Information

We may share your personal information in the instances described below. For further information on your choices regarding your information, see the “Control Over Your Information” section below.

We May Share Your Personal Information With:

4. Control Over Your Information

Profile and Data Sharing Settings. You may update your profile information in your User Account settings.

Access to Your Device Information and Push Notifications. You may control access to your device information or opt out of push notifications through your “Settings” app on your device. For instance, you can withdraw permission for the app to access your location data through your device settings, though we may continue to approximate your location based on your IP address or through other means.

How to Control Your Communications Preferences. You can stop receiving promotional email communications that we send on behalf of the Restaurant by clicking the “unsubscribe link” provided in such communications. This unsubscribe action applies only to promotional email communications that Espressly sends on behalf of the Restaurant, and will have no effect on promotional email communications that Espressly sends on behalf of other Restaurant customers or email communications that are sent by the Restaurant directly. You may not opt out of service-related communications (e.g., User Account verification, transactional communications, changes/updates to features of the Service, technical and security notices).

Texting is also offered by some Restaurants. Once you have opted in through our Services, you will need to communicate directly with the Restaurant for instructions on how to opt out.

Modifying or Deactivating Your Information. If you would like to review, modify, or deactivate your Account, including removal of your financial information from Espressly’s data vault provider, you can go to the “Account” tab in the Espressly Mobile App. Alternatively, you can contact us directly at We may not be able to modify or deactivate your information in all circumstances.

Do Not Track. Although we do our best to honor the privacy preferences of our Users, we are unable to respond to Do Not Track signals set by your browser at this time.

5. Third-Party Tracking and Online Advertising

Interest Based Advertising. Depending on the features and functionality our Restaurant customers expressly request, the Services may engage in interest-based advertising and use third-party advertising companies to serve you targeted advertisements based on your browsing history. We may share, or we may permit third-party online advertising networks, social media companies and other third-party Services, to collect information about your use of our Service over time so that they may play or display ads on other devices you may use, and on other websites, apps or Service, including on social media sites. These third parties may collect information such as click stream information, browser type, time and date you visited the Service, mobile device identifiers, your use of third-party applications, and/or precise geolocation data and other information. This information is used to make the advertisements you see online more relevant to your interests, as well as to provide advertising-related Service such as reporting, attribution, analytics and market research.

Your Choices:

6. Third Party Espressly Apps and Links to Other Web Sites and Services

The Espressly platform enables any third party to develop applications, software, and websites that can access the Espressly platform on your behalf, with your permission ("Third Party Apps"). You may also be offered services, products and promotions provided by third parties as part of your use of any Third Party App. Third Party Apps interfacing with the Espressly platform are not under the control of Espressly.

Espressly is not responsible for the content of any Third Party Apps or any other third-party websites, plug-ins and applications. You will be responsible for reviewing and understanding any additional terms and conditions associated with any of those third-party properties. Please remember that once you grant a third party or Restaurant permission to access your personal information in the Espressly Apps, or you use a link to go from a Espressly App or website to another website, Espressly's Privacy Policy no longer restricts the use of such information by the third party, and you will then be subject to that Restaurant's or that website's own rules and policies. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any of these third parties or granting permissions for any Third Party App to access any of your personal information. Espressly is not responsible for any claims, liabilities, losses, or damages suffered by you in connection with your use of a Third Party App or any other third-party websites, plug-ins and applications.

7. How We Store and Protect Your Information

Data Storage and Transfer. Your information collected through the Services is stored and processed in the United States. If you are located in the European Union or other regions with laws governing data collection and use that may differ from U.S. law, please note that we may transfer information, including personal information, to a country and jurisdiction that does not have the same data protection laws as your jurisdiction.

Keeping Your Information Safe. We care about the security of your information and employ physical, administrative, and technological safeguards designed to preserve the integrity and security of all information collected through our Service. However, no security system is impenetrable and we cannot guarantee the security of our systems. Please recognize that protecting your personal information is also your responsibility. Accordingly, we strongly recommend that you choose unique passwords that are not reused across other apps or websites, and otherwise take precautions when communicating your personal information on the internet. If you know or have reason to believe that your User Account credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your User Account, please contact us following the instructions in the “Contact Us” section below.

8. Children’s Privacy

The Services are not directed to children under the age of 13; nor do we knowingly attempt to collect or solicit personal information from children under the age of 13. In the event that we are informed that we have inadvertently collected personal information from a child under age 13, we will disable the User Account and delete the provided information as quickly as possible. If you believe that we have any information from a child under 13, please contact us

9. Region Specific Disclosures

We may choose or be required by law to provide different or additional disclosures relating to the processing of personal information about residents of certain countries, regions or states. Please refer below for disclosures that may be applicable to you:

10. Changes to Our Privacy Policy

We will update this Privacy Policy from time to time. When we make changes to this Privacy Policy, we will change the "Effective" date at the beginning of this Privacy Policy. If we make material changes to this Privacy Policy, we will notify you by email to your registered email address, by prominent posting on this website or our online Services, or through other appropriate communication channels. All changes shall be effective from the Effective Date unless otherwise provided. If you do not cancel your User Account before the date the revised Privacy Policy becomes effective, your continued access to or use of the platform and/or Services will be subject to the revised Privacy Policy.

11. How to Contact Us

If you have any questions or requests in connection with this Privacy Policy or other privacy-related matters, please send an email Please note that email communications will not necessarily be secure; accordingly, please do not include credit card information and/or other sensitive personal information in your email correspondence with us.

Effective Date of this policy: March 6th, 2020