Privacy Policy
1. Introduction
Foyr Technologies, Inc. ("Foyr," "Company," "we," "us," or "our") is committed to protecting the privacy of our users. This Privacy Policy explains how we collect, use, disclose, retain, and safeguard personal information when you access or use our SMS-based guest engagement platform, merchant dashboard, website, APIs, and all related services (collectively, the "Service" or "Platform").
This Privacy Policy applies to two categories of individuals:
- Merchants: Restaurant owners, operators, and their authorized personnel who use the Foyr Platform to manage guest communications, pre-orders, loyalty programs, and marketing campaigns.
- Guests: End consumers and patrons of Merchant restaurants who receive SMS messages, interact with Merchant communications, or otherwise have their information processed through the Platform.
By accessing or using the Service, you acknowledge that you have read and understood this Privacy Policy. If you do not agree with our practices, please do not use the Service.
2. Information We Collect
2.1 Information Provided by Merchants
When Merchants register for and use the Platform, we may collect:
- Account Information: Business name, business address, contact name, email address, phone number, and login credentials.
- Business Information: Restaurant type, number of locations, tax identification numbers, and billing information.
- Payment Information: Credit card numbers, billing addresses, and other payment details processed through our third-party payment processor.
- Merchant Content: Menus, promotions, branding materials, campaign content, and other materials uploaded to the Platform.
- Authorized User Information: Names, email addresses, roles, and access permissions of individuals the Merchant authorizes to use the Platform.
2.2 Guest Information Collected on Behalf of Merchants
We process the following Guest information on behalf of Merchants as a service provider:
- Contact Information: Phone numbers, and where provided, names and email addresses.
- SMS Communication Data: Message content, timestamps, delivery status, opt-in and opt-out records, and message interaction data.
- Pre-Order Data: Order details, menu selections, special instructions, order history, and fulfillment status.
- Loyalty and Rewards Data: Points balances, reward redemptions, membership tier information, and participation history.
- Preferences and Interests: Dietary preferences, favorite menu items, communication preferences, and feedback provided through the Platform.
2.3 Information Collected Automatically
When you interact with the Platform, we automatically collect:
- Device and Browser Information: IP address, browser type and version, operating system, device identifiers, and screen resolution.
- Usage Data: Pages visited, features used, clickstream data, session duration, and interaction patterns within the merchant dashboard.
- Log Data: Server logs, error reports, access times, and referring URLs.
- Cookies and Similar Technologies: We use cookies, web beacons, pixels, and similar technologies as described in Section 8 below.
2.4 Information from Third Parties
We may receive information from third-party sources, including:
- Point-of-sale (POS) and restaurant management system integrations authorized by Merchants
- Payment processors and billing service providers
- SMS carriers and aggregators (delivery receipts, carrier information)
- Analytics and advertising partners
- Publicly available business information and directories
3. How We Use Information
3.1 Merchant Information
We use Merchant information to:
- Provide, maintain, and improve the Platform and its features
- Process payments and manage billing
- Communicate with Merchants about their account, service updates, and support requests
- Send administrative notices, including security alerts and policy changes
- Monitor and analyze usage trends to improve the user experience
- Detect, prevent, and address fraud, security issues, and technical problems
- Comply with legal obligations and enforce our Terms of Service
3.2 Guest Information
We process Guest information on behalf of Merchants to:
- Deliver SMS messages initiated by Merchants, including promotional messages, transactional notifications, pre-order confirmations, and loyalty communications
- Facilitate two-way conversational messaging between Merchants and Guests
- Process and manage pre-orders and loyalty rewards
- Manage opt-in and opt-out preferences
- Provide Merchants with analytics and insights about guest engagement
- Power AI-assisted features such as campaign content suggestions, guest segmentation, and predictive analytics
3.3 Aggregated and De-Identified Data
We may create aggregated, de-identified, or anonymized data from information we collect. Such data does not identify any individual Merchant or Guest and is not subject to the restrictions in this Privacy Policy. We may use this data for any lawful purpose, including product improvement, research, industry benchmarking, and analytics.
4. How We Share Information
We do not sell personal information. We may share information in the following circumstances:
4.1 Service Providers
We share information with third-party service providers who perform services on our behalf, including:
- Cloud hosting and infrastructure providers
- SMS carriers, aggregators, and messaging service providers
- Payment processors and billing platforms
- Analytics and monitoring tools
- Customer support and communication tools
- AI and machine learning service providers
These service providers are contractually obligated to use personal information only for the purposes of providing services to us and in accordance with this Privacy Policy.
4.2 Merchants
Guest information is shared with the Merchant on whose behalf it was collected. Merchants access Guest information through the Platform dashboard and may use it in accordance with their own privacy policies and applicable law.
4.3 Legal Requirements
We may disclose information if we believe in good faith that disclosure is necessary to: (a) comply with applicable law, regulation, legal process, or governmental request; (b) enforce our Terms of Service or other agreements; (c) protect the rights, property, or safety of Foyr, our users, or the public; or (d) detect, prevent, or address fraud, security, or technical issues.
4.4 Business Transfers
In the event of a merger, acquisition, reorganization, bankruptcy, or sale of all or a portion of our assets, personal information may be transferred as part of the transaction. We will notify affected users of any change in ownership or control of their personal information.
4.5 With Consent
We may share information with third parties when you have provided your explicit consent to do so.
5. SMS Messaging Privacy
5.1 Message Content
SMS message content sent through the Platform is processed and stored to provide the Service, maintain records for compliance purposes, and enable conversation history features for Merchants. We do not use SMS message content for advertising or sell it to third parties.
5.2 Opt-In and Opt-Out
Merchants are responsible for obtaining proper consent from Guests before sending SMS messages. The Platform provides tools to manage opt-in and opt-out preferences. When a Guest opts out, we process the opt-out request promptly and maintain a record of the opt-out to prevent future messages.
5.3 Message Metadata
We collect and retain messaging metadata, including phone numbers, timestamps, delivery status, carrier information, and message type, for purposes of service delivery, troubleshooting, compliance, and analytics.
5.4 Carrier Disclosure
SMS messages are transmitted through wireless carriers and aggregators. We do not control and are not responsible for the privacy practices of wireless carriers. Message and data rates imposed by carriers may apply to Guests.
6. AI and Automated Processing
6.1 AI Features
The Platform uses artificial intelligence and machine learning to provide features such as automated campaign content generation, guest segmentation, message recommendations, sentiment analysis, and predictive analytics.
6.2 How AI Processes Data
AI Features may process Guest Data, Merchant Content, and usage data to generate insights, recommendations, and content suggestions. AI processing is conducted to improve the Service and assist Merchants in making informed decisions about guest engagement.
6.3 Human Oversight
AI-generated content and recommendations are presented to Merchants for review and approval before being sent to Guests. No automated decision-making with legal or similarly significant effects is performed on Guests without human oversight by the Merchant.
6.4 AI Training Data
We may use de-identified and aggregated data to train and improve our AI models. We do not use identifiable Guest Data or Merchant Content to train general-purpose AI models without Merchant consent. Merchants may opt out of having their data used for AI model improvement by contacting us at Privacy@getfoyr.com.
7. Data Retention
7.1 Merchant Data
We retain Merchant account information for the duration of the Merchant's subscription and for a reasonable period thereafter to fulfill legal obligations, resolve disputes, and enforce our agreements. Upon termination, Merchants may request export of their data within 30 days, after which we may delete it in accordance with our standard retention schedule.
7.2 Guest Data
Guest Data is retained on behalf of Merchants for the duration of the Merchant's subscription. Retention of Guest Data is subject to the Merchant's instructions and applicable law. We retain opt-out records indefinitely to ensure continued compliance with messaging regulations.
7.3 Messaging Records
SMS message content and metadata are retained for a minimum period necessary to provide the Service, comply with telecommunications regulations, and support compliance with the Telephone Consumer Protection Act (TCPA) and related laws. Specific retention periods may vary based on regulatory requirements and Merchant instructions.
7.4 Automatic Data Deletion
Certain data, such as server logs and temporary session data, is automatically deleted after a defined retention period. We periodically review our data retention practices to ensure we are not retaining data longer than necessary.
8. Cookies and Tracking Technologies
8.1 Types of Cookies We Use
We use the following categories of cookies and similar technologies on our merchant dashboard and website:
- Essential Cookies: Required for the Platform to function properly, including session management, authentication, and security features. These cookies cannot be disabled.
- Analytics Cookies: Help us understand how Merchants interact with the Platform, identify usage trends, and improve the user experience.
- Functional Cookies: Remember your preferences and settings, such as language, timezone, and dashboard layout.
- Performance Cookies: Monitor Platform performance and help us identify and resolve technical issues.
8.2 Managing Cookies
You can control cookies through your browser settings. Most browsers allow you to refuse cookies or alert you when cookies are being sent. Disabling certain cookies may affect the functionality of the Platform. For more information, consult your browser's help documentation.
8.3 Do Not Track
The Platform does not currently respond to "Do Not Track" (DNT) browser signals. We will update this Privacy Policy if we adopt a DNT standard in the future.
9. Data Security
We implement and maintain reasonable administrative, technical, and physical security measures designed to protect personal information against unauthorized access, alteration, disclosure, or destruction. These measures include:
- Encryption of data in transit (TLS/SSL) and at rest
- Access controls and role-based permissions
- Regular security assessments and vulnerability testing
- Employee security awareness training
- Incident response and breach notification procedures
- Secure software development practices
While we strive to protect personal information, no method of transmission over the internet or method of electronic storage is 100% secure. We cannot guarantee absolute security and are not responsible for the acts of third parties who gain unauthorized access to our systems despite our reasonable security measures.
10. Your Rights and Choices
10.1 Merchant Rights
Merchants may:
- Access and update account information through the Platform dashboard
- Export Guest Data in a commonly used, machine-readable format
- Delete their account by contacting us at Privacy@getfoyr.com
- Opt out of non-essential communications from Foyr
10.2 Guest Rights
Guests may exercise the following rights by contacting the Merchant directly or by contacting Foyr at Privacy@getfoyr.com:
- Opt-Out of SMS Messages: Guests may opt out of receiving SMS messages at any time by replying "STOP" to any message received through the Platform.
- Access: Request information about the personal data we process on behalf of the Merchant.
- Correction: Request correction of inaccurate personal data.
- Deletion: Request deletion of personal data, subject to legal retention requirements.
- Data Portability: Request a copy of personal data in a structured, commonly used format.
Because we process Guest Data on behalf of Merchants, we may direct Guest requests to the applicable Merchant for fulfillment. We will cooperate with Merchants in responding to Guest rights requests.
10.3 California Privacy Rights (CCPA/CPRA)
If you are a California resident, you have additional rights under the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA), including:
- Right to Know: You may request that we disclose the categories and specific pieces of personal information we have collected about you, the categories of sources, the business purpose for collection, and the categories of third parties with whom we share it.
- Right to Delete: You may request that we delete personal information we have collected from you, subject to certain exceptions.
- Right to Correct: You may request that we correct inaccurate personal information.
- Right to Opt Out of Sale or Sharing: We do not sell personal information. We do not share personal information for cross-context behavioral advertising purposes.
- Right to Non-Discrimination: We will not discriminate against you for exercising your privacy rights.
To exercise your California privacy rights, contact us at Privacy@getfoyr.com. We will respond to verifiable requests within 45 days.
10.4 Other State Privacy Rights
Residents of states with comprehensive privacy laws (including but not limited to Virginia, Colorado, Connecticut, Utah, and Texas) may have additional rights, such as the right to access, correct, delete, and obtain a portable copy of personal data, as well as the right to opt out of targeted advertising and profiling. To exercise any applicable rights under your state's privacy law, please contact us at Privacy@getfoyr.com.
11. Children's Privacy
The Service is not directed to individuals under the age of 16. We do not knowingly collect personal information from children under 16. If we become aware that we have collected personal information from a child under 16, we will take steps to delete such information promptly. If you believe a child under 16 has provided us with personal information, please contact us at Privacy@getfoyr.com.
12. International Data Transfers
The Service is operated from the United States. If you access the Service from outside the United States, you understand that your information may be transferred to, stored, and processed in the United States, where data protection laws may differ from those in your jurisdiction. By using the Service, you consent to such transfers. We will take appropriate measures to ensure that your personal information receives an adequate level of protection in the jurisdictions in which we process it.
13. Third-Party Links and Integrations
The Platform may contain links to third-party websites, services, or integrations (such as POS systems and restaurant management tools). This Privacy Policy does not apply to third-party services. We encourage you to review the privacy policies of any third-party services you access through the Platform. We are not responsible for the privacy practices of third-party services.
14. Data Processing Agreement
For Merchants subject to data protection regulations requiring a Data Processing Agreement (DPA), Foyr offers a DPA that governs our processing of Guest Data on behalf of the Merchant. The DPA supplements this Privacy Policy and establishes the roles and responsibilities of each party with respect to data processing. Merchants may request a DPA by contacting us at Privacy@getfoyr.com.
15. Changes to This Privacy Policy
We may update this Privacy Policy from time to time to reflect changes in our practices, technologies, legal requirements, or for other operational reasons. We will notify you of material changes by posting the updated Privacy Policy on our website and, for Merchants, through in-platform notifications or email. The "Effective Date" at the top of this Privacy Policy indicates when it was last revised. Your continued use of the Service after any changes constitutes your acceptance of the updated Privacy Policy.
16. Contact Us
If you have any questions, concerns, or requests regarding this Privacy Policy or our data practices, please contact us at:
Foyr Technologies, Inc.
Attn: Privacy
390 Northeast 191st Street 97862
Miami, FL 33179, US
Email: Privacy@getfoyr.com
Website: www.getfoyr.com