Food Merchant Privacy Policy

Overview

Prado (“Prado” or “we”) values your privacy. This Privacy Policy explains how we collect, use, store, disclose, and process information related to our services (the “Services”), which include our website (https://www.functionflo.com and https://www.getprado.com), mobile applications, digital ordering features for merchants, payment processing, and other related offerings.

For Customers of Prado Merchants: Function Flo typically does not directly collect your personal information. Your agreement with the Prado merchant you interact with should detail how they share your information with us. Please direct any questions about this sharing to that merchant.

For All Users (Merchants and Customers): By using our Services, you agree to this Privacy Policy, which we may update by posting changes on this page and potentially sending email notifications. Your continued use after such changes signifies your acceptance.

Key Privacy Practices

Applicability

This policy applies when you use our Services or share information with Function Flo. It may be updated at any time. We may process Customer information when providing Services to our merchants.

Information Collection

We collect information you provide directly, through your devices, and via phone, email, partners, cookies, and similar technologies. If you are a Customer, when you make transactions with a merchant using our Services, we receive your transaction and personal details.

Information Use

We use your information with your consent or as necessary to provide the Services, comply with legal obligations, operate our business, protect vital interests, or for other legitimate interests of Function Flo as detailed below.

Information Sharing

We share your information with partners, service providers, and third-party vendors to fulfill Services, orders, or your requests. We may also share information for legal compliance or other legitimate interests.

Data Storage and Security

Your information may be stored and processed in any country where Function Flo or its affiliates operate. We retain it as long as necessary for the purposes outlined in this policy and employ technological and organizational measures to protect against loss, theft, and unauthorized access.

Accessing and Updating Information

You can access, correct, or request changes to your personal information by contacting us. If you are a Customer, please direct these requests to the specific merchant you interacted with.

Additional Information

Our databases are in the United States, and you consent to the transfer of your data there. Our Services are not for children under 13. You may have additional rights under applicable law. Contact us with any questions.

Detailed Information Collection

We collect information you provide through forms, phone, email, web chat, etc., including your name, phone number, IP address, postal and email addresses. Providing some information is necessary to access certain Service features.

For Customers: When you transact with a merchant using our Services (online, in-app, or at a physical location), we receive your transaction and personal information, potentially directly from you, the merchant, or third parties. This includes payment method details (card number, bank account information), purchase amount, date, and potentially your name, email, billing/delivery address, and transaction history for authentication. The merchant determines the available payment methods and the information we collect depends on your choice.

We may obtain information from affiliates, partners, and third-party sources, such as updated contact details and demographic information.

We use cookies, log files, web beacons, device identifiers, advertising identifiers (including from Google Analytics and other cloud tools) to automatically collect preferences, performance data, and website usage information (e.g., IP address, device details, browser information, referring website). This may include geolocation data. We may also collect online activity details like pages viewed and user interactions. Our Services do not respond to “do not track” signals. You can adjust your browser/device settings to manage cookies, but this may affect Service functionality. You can learn more about Google Analytics and opt-out options at the provided links.

How We Use Your Information

We use your personal information with your consent or as needed to provide the Services. We may also use it to:

• Optimize and improve the Services.
• Personalize user experience.
• Enhance customer service.
• Process transactions.
• Send periodic emails related to the Services, respond to inquiries, and send marketing materials if you opt-in (with unsubscribe instructions in each email).

We use Rainforest for payment, analytics, and other business services, which collects device identifying information for fraud detection and service improvement (see their terms here: https://legal.rainforestpay.com/processingterms).

How We Share Your Information

We share your information with:

• Partners, service providers, contractors, agents, and third-party vendors as needed to fulfill Services or your requests. They may contact you for additional information or to fulfill orders.
• Third-party vendors providing services like analytics, customer service, communications, marketing, delivery, and security. They have limited access to your information, consistent with this policy, and cannot use it for other purposes. These are considered sub-processors under GDPR when we act as a data processor.

We may also share information:

• In response to legal processes.
• When we believe it’s necessary to investigate illegal activities, protect our rights or safety, or enforce our Terms of Service.
• In connection with corporate transactions like mergers or asset sales.

Other than as described, we will try to notify you when your personal information will be shared with third parties.

Publicly Posted Information

Information you post in forums, chat rooms, reviews, or feedback may be accessible to other users and the public. Be cautious about sharing personal information in these areas.

Aggregated Information

We may share aggregated or de-identified information with third parties for analysis, trends identification, and reporting purposes.

How We Store and Secure Your Information

Personal information may be stored and processed in your region, the United States, and other countries where Function Flo or its providers operate. We retain it as long as necessary for the purposes in this policy and for a reasonable period afterward for backup, archiving, fraud prevention, or legal compliance.

We implement technological and organizational measures to protect your information, including secure communication channels (SSL), storage with trusted third-party providers (e.g., Microsoft Azure), password protection, and restricted user access based on the principle of least privilege. We rely on Microsoft’s security programs (see their practices at the provided link).

Function Flo complies with applicable data protection laws, including breach notification requirements.

Accessing and Updating Your Information

Depending on your jurisdiction, you may have the right to access, correct, delete, object to the use of, or request to download your personal information. Contact us at the provided email or phone number for such requests. We may need to verify your identity before fulfilling your request. A fee may apply where permitted by law.

For Customers: Please direct these requests to the merchant you interacted with. For example, if your request relates to transaction information from a purchase made through a merchant using our Services, contact the merchant directly.

Additional Privacy Information

Data Transfer

Our databases are in the United States. By using our Services from outside the U.S., you consent to the transfer of your data to the U.S. You are responsible for complying with local laws. Where required, we use data transfer mechanisms like EU Standard Contractual Clauses or Binding Corporate Rules.

Children’s Data

Our Services are not for children under 13, and you may not use them or provide personal information if you are under this age or lack the legal capacity to consent to data processing in your country.

Your California Privacy Rights

This section provides additional information for California residents under the CCPA, explaining the categories of personal information we collect, the sources, our usage, and disclosure practices in the past 12 months. It also details your rights under the CCPA, including the right to access, delete, and opt-out of the sale of your personal information. Function Flo does not typically “sell” personal information but allows certain advertising partners to collect data for personalized ads, analytics, and fraud detection. You have the right to opt-out of these practices as described in the “Information We Collect From You” section and through our individual rights portal. We do not knowingly sell the personal information of individuals under 16. You can exercise your CCPA rights through our portal, email, mail, or phone.

California “Shine the Light” Disclosure

California residents can request information about our disclosure of personal information to third parties for their direct marketing purposes by contacting us.

How to Contact Us

You can call us at (833) 504-4356, e-mail us at legal@functionflo.com or write to us at Function Flo Corporation, Attn: Privacy Dept., 1135 W. 6th St, Austin, Texas 78703. Depending on where you are located, you may also have a right to complain to your local data protection regulator.