Privacy Policy

Privacy Policy for Spillover.com and for Spillover Customers.

Updated last: 1 October 2024.

Spillover Software Group, LLC (“Spillover, “we”, “us””), has created this Customer Privacy Policy, in order to demonstrate our firm commitment to the privacy of personal information and to describe how we process, collect ,use and share personal information from current, previous or prospective restaurant or other customers, service providers and partners (“you”). Spillover provides web and email based services to restaurants and other small businesses (“Customers”). This privacy policy applies to Spillover and our Customers, as well as to visitors to www.spillover.com. It is our intention to balance our legitimate business interests in collecting and using information received from and about you and your customers (“End Users”) with your and their reasonable expectations of privacy within the limits of this Privacy Policy. The following discloses our information gathering and dissemination practices for the site located at www.spillover.com (the “Site”) as well as how we gather and disseminate information through our products and services offered to our Customers through websites, email marketing, text messaging, reputation management, social media management, mobile app and any of our digital marketing offerings or other online offerings (collectively “Platform”).  Please note that our services are subject to our Terms and Conditions www.spillover.com/terms and your Marketing Services Agreement (“MSA”). For access to our End User privacy policy please see  www.spillover.com/privacy-policy-endusers.

Unsolicited Email

Our system powers permission-based Internet marketing only; sending personalized messages from businesses to their customers. The transmission of unsolicited commercial email is expressly forbidden through our system.

Each email sent through our system contains an easy, automated way for End Users to stop receiving email from our Customers or us. Simply follow the instructions at the end of any email. If you have received unwanted, unsolicited email, please forward a copy of that email with your comments to support@spillover.com for review.

We only allow our Customers to communicate with individuals with whom they already have a relationship and likewise we only communicate with End Users or Customers with whom we have a relationship. If other sources of information are used, they may only send email to individuals who have expressly shared their address, established a relationship with our Customers or opted-in and it is our Customers responsibility to confirm that any contact details they provide us with have met this standard before we load them into their database and mark them for email usage. Customers must notify us at once if we have communicated with an End User, on their behalf,  whom they did not have a relationship with.

Information Collected and Disclosed

When you visit www.spillover.com or meet with our sales team or sign an MSA and enter into business with us,  you may provide us with confidential or proprietary information, including but not limited to names, contact information, technical information, information about your use of the services and the website, information about your End Users, and other registration information (the “Confidential Information”). This Confidential Information helps us personalize and continually improve your and your End Users online experience as well as provide you and your End Users with unique opportunities and offers. We use the information that you provide for purposes such as responding to your requests, tailoring our presentations to you and End Users, customizing future promotions, improving our functionality, targeted marketing and communicating more effectively with you and your End Users and providing technical support.

You may choose to provide Spillover with limited information. Your decision to provide us with information has a direct correlation to your ability to take advantage of many of our features. Your information is an important part of our business.

We take security measures that limit access to your information. Please be aware that no security measures are perfect or impenetrable. We cannot control the actions of other users with whom you may choose to share your information. Therefore, we cannot and do not guarantee that content you post on the Site or through our Platform will not be viewed by unauthorized persons. We are not responsible for circumvention of any privacy settings or security measures contained on the Site or our Platform. You understand and acknowledge that, even after removal, copies of content may remain viewable in cached and archived pages or if other users have copied or stored your content. Spillover and its affiliates are the owners of the information collected on this Site and some of the information provided or collected through our Platform (see your MSA).

We may then use the information and data we gather to create aggregate non-personal information. Such aggregate non-personal information is recorded and collected so that it no longer reflects or references an individually identifiable user.

We do not disclose any nonpublic personal information about you or the End Users to anyone, except as permitted by law, however, we may choose to disclose all of the information we collect, as described above, to companies that perform marketing services on our behalf or to other similar companies with whom we have joint marketing agreements. We also may display targeted advertisements based on personal information. Spillover may personally promote its services through your Platform provided by Spillover or through our Site. We may provide information to our subsidiaries and affiliated companies. We require that these parties agree to process such information based on our instructions and in compliance with this Privacy Policy and any other applicable confidentiality and security measures. Additionally, it may be necessary to share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of our Terms and Conditions or as otherwise required by law. We may also transfer information about you if Spillover or its business is acquired by or merged with another company.

Website Cookies:

We may use cookies, web beacons, tracking pixels, and other tracking technologies on the Site [and our Platform] to help customize the Site [and our Platform] and improve your experience. When you or End Users access the Site [or our Platform], your/their personal information is not collected through the use of tracking technology. Most browsers are set to accept cookies by default. You can remove or reject cookies, but be aware that such action could affect the availability and functionality of the Site [or our Platform]. You and/or End Users may not decline web beacons. However, they can be rendered ineffective by declining all cookies or by modifying your web browser’s settings to notify you each time a cookie is tendered, permitting you to accept or decline cookies on an individual basis.

Website Analytics:

We may also partner with selected third-party vendors to allow tracking technologies and remarketing services on our Platform  through the use of first party cookies and third-party cookies, to, among other things, analyze and track users’ use of our Platform, determine the popularity of certain content and better understand online activity. By accessing the Site or our Platform you/End Users consent to the collection and use of your information by these third-party vendors. You are encouraged to review their privacy policy and contact them directly for responses to your questions. We do not transfer personal information to these third-party vendors.

Policy for Children:

We do not knowingly solicit information from, or market to children under the age of 13. If you become aware of any data we have collected from children under age 13, please contact us using the contact information provided below.

Financial information:

We store only very limited, if any, financial information that we collect. Otherwise, all financial information is stored by our payment processor and their privacy policy can be found at help.jupico.com/references-and-resources/legal/privacy-policy

Spillovers Policy with regard to Public Authorities Access Requests:
We will respond to records requests in accordance with Spillovers Terms of Use and our End User Privacy Policy (see spillover.com/privacy-policy-endusers) as well as any other relevant policies, and the applicable law. The type of process we require depends on the nature of the request.

How We Use Your Information

We use your and End User personal information to provide services for you via our Platform (“Consumer Services”), and to operate our business and promote yours.

These Consumer Services include:

Service-Related Usage: We use the Confidential Information and other Information to provide and support the Consumer Services, such as communicating with you and other Customers, communicating with your End Users on your behalf, managing your and End User accounts and services, administering our rewards, referral, and promotional programs, soliciting feedback and maintaining our systems. We use the Billing Information to process your orders, and we may use the Geolocational Information for delivery cost estimates and driver information for delivery purposes.

Analyzing and Improving the Services: We may run calculations, aggregate, normalize, clean, and make derivative works of the information obtained about you and End Users in order to;

• Understand and analyze usage trends and preferences;
• Monitor and analyze the effectiveness of the Consumer Services;
• Improve the Consumer Services and develop new products, services, features, and functionality; and
• Test the Consumer Services and our infrastructure to make sure the Consumer Services are working correctly.

Marketing: As permitted by applicable law, with your and End User consent or with an opportunity for you or the End User to withdraw consent, we may use the Confidential Information and any other Information for marketing purposes, such as informing you about our products and services, informing End Users about your products and services and  those of our third-party marketing partners that could be useful, relevant, valuable, or otherwise of interest to you or your End Users. Where required under applicable law, we will obtain your End Users prior opt-in consent to send them electronic marketing communications. Please we may use an End User phone number to text them information with regard to real time information about your online orders.

Text Messaging:

Spillover offers our Customers a text messaging service via a 3rd party called iVisionMobile (ivisionmobile.com).  Through iVisionMobile we provide a sophisticated software system that allows End Users to create and manage interactive mobile campaigns. Companies use iVision Mobile to interact with their target audience using mobile phones through text messages, mobile content such as ringtones, wallpapers, video, and more.

This service complies with TCPA regulations. Key to them and detailed more below is that (i) You must have prior express consent from consumers (End Users) prior to texting them (ii) you must inform them that giving permission will allow you to send ongoing messages and (iii) that their consent is not required for them to be able to purchase goods or services from you.

Service Description

Mobile campaigns that operate on the iVision Mobile platform include but are not limited to text alerts, text voting/polling, mobile content distribution, and more. The mobile campaigns are delivered from a dedicated number we set up for you that is unique to your business (“Your Text Number”).

Pricing

Message and data rates may apply for participation in mobile campaigns on the iVision Mobile platform.

Service/Help Info

For help or additional information on a specific mobile campaign, you must ask the End Uset to please text “HELP” to Your Text Number or email you including their cellphone # to Your Text Number.  If you need help from us we can be contacted at support@spillover.com.

Opt-in/Opt-out Info

Your End Users have the choice to opt-in or opt-out of text messaging services. To opt-in to a particular mobile campaign, please have them text the “keyword” associated with the campaign to Your Text Number. To opt-out of a particular mobile campaign, please inform them they should text STOP, END, QUIT, CANCEL, UNSUBSCRIBE, or STOP ALL to Your Text Number. If any End User  would like to opt-out of all mobile campaigns, please inform them to text “STOP ALL” to Your Text Number. If you or your End Users are experiencing problems with opting out of a mobile campaign, please email us including your cellphone # to support@spillover.com or contact iVisionMobile directly at support@ivisionmobile.com.

Frequency of Program Service

You must inform End Users of the likely frequency of texts they will receive before the choose to opt-in. Alerts may then be sent daily, weekly, monthly, and at scheduled intervals dependent on the mobile campaign to which your End User has subscribed and your mobile carrier’s policy.

Carriers Supported

The following carriers are currently supported on the iVision Mobile platform: T-Mobile, Sprint, Nextel, Boost, AT&T, Cellular One Dobson, Alltel, Verizon Wireless, Virgin Mobile, Cricket, Cincinnati Bell, and Cellular South. More carriers will be added to this list when they participate with our programs.

Notice Concerning Children

PLEASE NOTE: We are a general audience site, and do not direct any of our content specifically at children under 13 years of age. We understand and are committed to respecting the sensitive nature of children’s privacy online. If we learn or have reason to suspect that a Mobile Web site visitor is under age 13, we will promptly delete any personal information regarding that visitor.

CTIA Compliance

CTIA recommends the following rules be applied for SMS text messaging and Spillover strongly encourages our Customers to follow these rules and supports their application through our Platform;

• All messages should convey a clear call to action.
• Users must understand precisely what they’re signing up to receive.
• Clearly labeled Terms & Conditions and Privacy Policy links must be displayed in the opt-in message.
• Once a subscriber joins your SMS program, you must send them a message that includes the description of the recurring program, the message frequency, a disclaimer that message and data rates may apply for each message, and information about getting help or opting out.
• Subscribers must be able to opt-out at any time by responding with language like: “stop,” “end,” “cancel,” “unsubscribe,” or “quit.” This will go to Your Text Number.
• Subscribers should be able to get help by responding with the message “help,” which should automatically respond with the program name and information on getting help.
• All outgoing text messages must clearly include your business’s name.
• Content such as (but not limited to) hate speech, certain firearms, and violence cannot be promoted via SMS messaging.
• Programs must display opt-out instructions at regular intervals in SMS messages.
• Opt-out information must be clearly displayed in the message or within the Terms & Conditions

Linked Sites

The Site and Platform may contain links to other sites. Please be aware that Spillover may not be responsible for content or the privacy practices of such other sites. We encourage our Customers and End Users to be aware when they leave our Site and to read the privacy statements of each and every website that collects personally identifiable information. This privacy statement applies solely to information collected by this Site or on our Platform.

Online Ordering Software

Online ordering site usage may be governed by additional policies over and above those posted by Spillover. See this link for additional details specific to our 3rd party online ordering software  www.biteheist.com/privacy/.

Table Reservation Software

Table reservation usage may be governed by additional policies over and above those posted by Spillover. See this link for additional details specific to our 3rd party reservation software www.simpleerb.com/privacy/.

California Privacy Rights:

California Civil Code Section 1798.83, also known as the “Shine The Light” law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided below.

If you are under 18 years of age, reside in California, and have a registered account with the Site or our Platform you have the right to request removal of unwanted data that you publicly post on the Site or our Platform. To request removal of such data, please contact us using the contact information provided below, and include the email address associated with your account and a statement that you reside in California. We will make sure the data is not publicly displayed on the Site or our Platform, but please be aware that the data may not be completely or comprehensively removed from our systems.

Changes to Privacy Policy

We may occasionally change this Privacy Policy. If we do, we will post the changes on the Site. The changes will take effect as soon as posted. Your continued use of the Site constitutes your acceptance and agreement to any changes to this Privacy Policy.

Contact Information

If you have a comment, question or request, or if you need to contact Spillover for any other reason, please contact the Spillover Data Protection Officer at  support@spillover.com or contact us in writing at 3908, Avenue B, Suite 301, Austin TX 78751. Please include your own contact information and put “Spillover Data Protection Officer” in the title of the email or letter.