Privacy Policy

Last Updated on June 9, 2020.

This Privacy Policy is effective June 9, 2020 for all users. 

 

We at BrandMuscle Inc. ("we" or “us”) are committed to protecting and respecting your privacy. This Privacy Policy describes our policies on the collection, use, and disclosure of information about you in connection with your use of our SpotMenu services, including those offered through our websites, communications (e.g., emails, alerts, and texts), and mobile applications that post, specifically reference, and incorporate this Policy (collectively, the “Service”), whether accessed via computer, mobile device, or other device (collectively, “Device”). The terms “we”, “us”, and “BrandMuscle” refer to BrandMuscle Inc., a Delaware corporation with its headquarters in Chicago, Illinois. 

When you use the SpotMenu Service, you consent to our collection, use, and disclosure of information about you as described in this Privacy Policy. We may translate this Privacy Policy into other languages for your convenience. Nevertheless, the English version governs your relationship with BrandMuscle, and any inconsistencies among the different versions will be resolved in favor of the English version available here. 

 

TABLE OF CONTENTS 

Consent 

Information We Collect and How We Use It 

Cookies 

Third Parties 

Controlling Your Personal Data 

Data Retention and Account Termination 

Children 

Security 

Contact Information 

Modifications to This Privacy Policy 

California Residents: Your California Privacy Rights 

European Residents: Your Privacy Rights and International Data Transfer 

 

CONSENT 

Consent to Data Collection and Processing 

You hereby agree with and consent to the collection and processing of your personal information as described in this Policy. 

Consent to International Transfers 

Your personal information may be collected, processed, and stored by BrandMuscle or its service providers in the United States and other countries where our servers reside.  Please be aware that the privacy protections and legal requirements, including the rights of authorities to access your personal information, in some of these countries may not be equivalent to those in your country.  You hereby agree with and consent to the transfer of your personal data to the United States and other countries where BrandMuscle operates. 

Withdrawal of Consent 

You have the right, at any time, to withdraw your consent to BrandMuscle’s collection and processing of your information, or to the transfer of your personal data to the United States and other countries where BrandMuscle operates.  You may withdraw your consent by emailing BrandMuscle at legal@brandmuscle.com. 

INFORMATION WE COLLECT AND HOW WE USE IT 

We may collect, transmit, and store information about you in connection with your use of the Service, including any information you send to or through the Service.  

The categories of information that BrandMuscle collects about you may include, but are not limited to: 

  • Identifiers/Contact information (such as name, address, city, state and ZIP code, email address, telephone number, unique personal identifier, online identifier, IP address, location) 
  • Demographic information (such as gender, date of birth, marital status, and household composition) 
  • Information about your connected devices (such as mobile phone, computer, or tablet) and how you interact with our products, services, apps, and websites (such as IP address, browser type, unique device identifier, cookie data, and associated identifying and usage information) 
  • Marketing profile information 
  • Inferences drawn from other personal information (such as personal preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes 

We obtain the categories of personal information listed about from the following categories of sources: 

  • Directly from you as described herein; 
  • Indirectly from you. For example, through information we collect in the course of providing services and products. 
  • Directly and indirectly from activity on this Service. 

From third parties that interact with us in connection with the services and products we provide 

We use that information to provide the Service’s functionality, fulfill your requests, improve the Service’s quality, safety, and security, administer accounts, operate our websites and applications, autofill data fields on our websites or applications to improve your online experience, engage in research and analysis relating to the Service, develop new products and services, provide information and product updates, research, evaluation of use, and troubleshooting purposes, analytics, personalize your experience, track usage of the Service, provide feedback to third party businesses that utilize the Service, market the Service, provide customer support, message you, back up our systems, allow for disaster recovery, enhance the security of the Service, and comply with legal, regulatory, or contractual obligations. Even when we do not retain such information, it still must be transmitted to our servers initially and stored long enough to process. 

Communications with you in connection with these uses may be via mail, telephone, email, text message, social media, or other electronic messages, or via our websites and applications. 

Personal Information you Provide 

The privacy and security of the personal information that BrandMuscle collects from you is a priority.  When you visit this Service you may be asked or choose to provide personal information that could reasonably be used to contact you or to identify you personally including, but not limited to: your name, address, telephone number, birth date, and email address. If you choose to purchase any products or use services offered on the ServiceBrandMuscle may ask you to provide your name, mailing address, telephone number and email address. 

  • You may choose to receive certain communications from BrandMuscle via your email address upon interaction with the Service.  From time to time BrandMuscle may include surveys, information requests, or other features on the Service that ask you to provide personal information such as your name, telephone number, email address or mailing address. Any information you may provide will be used by BrandMuscle to allow you to participate in the particular feature being offered. BrandMuscle may also retain any information you provide in order to send you information about BrandMuscle’s products and services that may be of interest to you. BrandMuscle will provide you with the opportunity to opt-out of receiving such communications. We may use one or more service providers to administer these messages, but we do not share your email address with  any other third parties without your permission.   

You will be informed what personal information is mandatory and what information is optional when asked to submit personal information to us.  By submitting personal information to BrandMuscle at this Service, you hereby consent to BrandMuscle’s collection, use and disclosure of such personal information. 

We may combine the personal information you submit directly through this Service with other personal information we have collected from you, whether on- or offline.  We may also combine it with information we receive about you from other sources, such as other companies, publicly available information sources (including information from your publicly available social media profiles), and other third parties. 

 

Please also note: 

Activity: We store information about your use of the Service, such as your search activity, the pages you view, the date and time of your visits you make through the Service. We also store information that your computer or mobile device may provide to us in connection with your use of the Service, such as your browser type, type of computer or mobile device, browser language, IP address, WiFi information such as SSID, mobile carrier, phone number, unique device identifier, advertising identifier, location (including geolocation, beacon based location, and GPS location), and requested and referring URLs and mobile applications. We may also receive and store your location whenever our mobile applications are running, including when running in the background, if you enable our mobile apps to access such information in the course of using the Service. You may be able to limit or disallow our use of certain location data through your device or browser settings, for example by adjusting the settings for our applications in iOS or Android privacy settings. 

Different Devices: You may access the Service through different devices (e.g., your mobile phone or personal computer) and different platforms (e.g., the SpotMenus  website or SpotMenu  mobile apps). The information that we collect and store through those different uses may be cross-referenced and combined, and your contributions through one BrandMuscle platform will typically be similarly visible and accessible through all other BrandMuscle platforms. 

Professional Information: If you represent a business on SpotMenus , we may collect and display information about you related to your business activities, such as a business name that may incorporate your name, or a publicly available business address. We may also collect and display information about your professional background that you choose to share with us through the Service. 

Integrated Accounts and Social Media Information 

We may implement applications or "widgets" from third party providers (e.g., Facebook, Twitter, Instagram, LinkedIn, etc.) that allow interaction, integration or content sharing with third party services.  These widgets or applications may be visible on a page you visit on our Service or may require log-in through the third party provider’s service.  The third party providing the widget or integration may offer controls for you to manage your interactions.  Any interaction with a third party widget or application typically allows the third party to collect some information about you (whether through cookies, registration information or otherwise).  These third parties may even track you when you do not interact with the widget.  If you have engaged any of these third party service providers, their respective privacy policies will govern their tracking and collection of information.  You should review these third party policies to understand these practices. 

How We Use and Disclose Information 

We may disclose personal information that we collect or you provides as described in this Policy. The information may be disclosed to a third party for a business purpose to the following categories of third parties: 

  • To contractors, service providers and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them. 
  • To third parties to market their products or services to you if you have consented to these disclosures. We contractually require these third parties to keep personal information confidential and use it only for the purposes for which we disclose it to them. 
  • To our affiliates for related business purposes. 

We use and disclose personal information you provide to us as described to you at the point of collection, such as when you (1) register for a user account, (2) submit your name and e-mail address, and (3) send e-mail messages or feedback, or transmit other information by e-mail.  When you elect to engage in such activities, we may ask that you provide us personal information, such as your first and last name, mailing address (including zip code), e-mail address, mobile telephone numbers, and payment information. 

We also use and transfer personal information from or about you: 

  • to respond to your inquiries and fulfill your requests, such as to send you documents you request or e-mail; 
  • to send you important information regarding our relationship with you or regarding this Service, changes to our terms, conditions, and policies and/or other administrative information; and 
  • for our business purposes, such as marketing new products and services, data analysis, audits, developing new products or services, enhancing our Service, improving our products and services, identifying Service usage trends, and determining the effectiveness of our Service. 
  • to our third party service providers who provide services such as website hosting and moderating, mobile application hosting, data analysis, infrastructure provision, credit card processing, IT services, e-mail services, marketing services, auditing services, and other services, in order to enable them to provide services; 
  • to a third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer, or other disposition of all or any portion of our business, assets, or stock (including in connection with any bankruptcy or similar proceedings); and 
  • when we otherwise have your consent.  For example, if you sign up for programs offered by our partners, we may share certain information with the partner.  This could include, but is not limited to, enrollment information and the activation status of your device.  Your consent is required to allow these exchanges on your behalf and you can change your mind at any time. 

In addition, we use and disclose personal information collected through this Service as we believe to be necessary or appropriate: (a) as permitted by applicable law, including laws outside your country of residence; (b) to comply with any legal process; (c) to respond to requests from public and government authorities, including public and government authorities outside your country of residence; (d) to enforce our Terms of Use; (e) to protect our operations or those of any of our affiliates; (f) to protect our rights, privacy, safety, or property, and/or that of our affiliates, you, or others; and (g) to allow us to pursue available remedies or limit the damages that we may sustain. We may also use and disclose personal information collected through this Service in other ways, with your prior consent. 

We also use and disclose information we collect passively as described below, under "Cookies," and for any other purpose, except where we are required to do otherwise under applicable law (for example, if we are required to treat such information as personal information). In addition, we may use and disclose information that is not in personally identifiable form (such as anonymized, masked or de-identified information) for any purpose. If we combine information that is not in personally identifiable form with information that is (such as combining your name with your geographical location), we will treat the combined information as personal information as long as it is combined. 

In the preceding twelve (12) months, we have not sold any personal information. 

In the event that BrandMuscle begins selling personal information, this Policy will be updated to reflect that sale and you will be notified of such update. Additionally, you will be provided the ability to opt-out of the sale of your personal information collected by BrandMuscle by clicking a DO NOT SELL MY PERSONAL INFORMATION LINK 

COOKIES 

We, and third parties with whom we partner, may use cookies, web beacons, tags, scripts, local shared objects such as HTML5 and Flash (sometimes called “flash cookies”), advertising identifiers (including mobile identifiers such as Apple’s Identifier for Advertisers (“IDFA”) or Google’s Advertising ID (“GAID”)) and similar technology (“Cookies”) in connection with your use of the Service, third party websites, and mobile applications. Cookies may contain unique identifiers, and reside, among other places, on your computer or mobile device, in emails we send to you, and on our web pages. Cookies may transmit information about you and your use of the Service, such as your browser type, search preferences, IP address, data relating to advertisements that have been displayed to you or that you have interacted with, and the date and time of your use. Cookies may be persistent or stored only during an individual session. 

 

The purposes for which we use Cookies in the Service include: 

Purpose Explanation 

Processes: Intended to make the Service work in the way you expect. For example, we use a Cookie that tells us whether you have already signed up for an account. 

Authentication, Security, and Compliance: Intended to prevent fraud, protect your data from unauthorized parties, and comply with legal requirements. For example, we use Cookies to determine if you are logged in. 

Preferences: Intended to remember information about how you prefer the Service to behave and look. For example, we use a Cookie that tells us whether you have declined to allow us to send push notifications to your phone. 

Notifications: Intended to allow or prevent notices of information or options that we think could improve your use of the Service. For example, we use a Cookie that stops us from showing you the signup notification if you have already seen it. 

Analytics: Intended to help us understand how visitors use the Service. For example, we use a Cookie that tells us how our search suggestions correlate to your interactions with the search page. 

You can set some Cookie preferences through your device or browser settings, but doing so may affect the functionality of the Service. The method for disabling Cookies may vary by device and browser, but can usually be found in your device or browser preferences or security settings. GENERAL PRINCIPLES FOR THE PROCESSING OF PERSONAL INFORMATION 

Personal information will be collected, stored, processed and transmitted in accordance with BrandMuscle’s established policies and applicable federal, state, local and foreign laws, rules and regulations.   

The principles of BrandMuscle with respect to the processing of personal information are as follows:  (1) personal information will be processed fairly and lawfully, (2) personal information will be collected for specified, explicit, and legitimate purposes and not further processed for incompatible purposes, (3) personal information collected by BrandMuscle will be adequate, relevant, and limited to what is necessary in relation to the purposes for which they are collected and processed, (4) personal information collected by BrandMuscle will be accurate and, where necessary, kept up to date to the best of our ability, (5) personal information collected by BrandMuscle will be retained as identifiable data for no longer than necessary to serve the purposes for which the personal information was collected, and (6) personal data will be processed in a manner that ensures appropriate security of the personal data, including protection against unauthorized or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organizational measures. 

If BrandMuscle engages in the processing of personal information for purposes other than those specified in this Policy, BrandMuscle will provide notice of these changes, the purposes for which the personal information will be used, and the recipients of personal information. 

THIRD PARTIES 

Third parties may receive information about you as follows: 

Service Providers: We rely on third party service providers to support or provide services for us in connection with your use of the Service, communications and hosting, security and fraud prevention, technical and customer support, tracking and reporting usage of the Service, quality assurance testing, payment processing, marketing, and other functions. We share information from or about you with these third party providers so that they can perform their services or complete your requests. We will not leverage your data for advertising purposes. 

Aggregate or Anonymous Information: We share user information in the aggregate with third parties, such as businesses that are listed on SpotMenus  and content distributors. For example, we disclose the number of users that have been exposed to or interacted with advertisements, or that we believe visited the physical location of a particular business. 

Business Transfers: We may share information from or about you with our parent companies, subsidiaries, joint ventures, or other companies under common control, and require them to also honor this Privacy Policy. If another company acquires BrandMuscle, or all or substantially all our assets, that company will possess the same information, and will collect, use, and disclose the information only as described in this Privacy Policy. 

Businesses We Interact With: We may share information from or about you (such as your city, and physical location), your device type, and your use of the Service (such as which businesses you bookmark, or if you visit a business’s URL) with other businesses that we do business with or otherwise interact with. You may adjust your account settings to increase or decrease the amount of information we share. Keep in mind that businesses can also view your public activity and posts, and may receive information from or about you when you transact or communicate with them, through SpotMenus  or otherwise, regardless of your settings (see Section 1 above). 

Investigations and Legal Disclosures: We may investigate and disclose information from or about you if we have a good faith belief that such investigation or disclosure: (a) is reasonably necessary to comply with legal or law enforcement processes, such as a search warrant, subpoena, statute, judicial proceeding, or other legal process or law enforcement request; (b) is helpful to prevent, investigate, or identify possible wrongdoing in connection with the Service; or (c) protects our rights, reputation, property, or that of our users, affiliates, or the public. If you flag or otherwise complain to us about content through the Service, we may share the substance of your complaint with the contributor of that content in order to provide an opportunity for the contributor to respond. 

Links: The Service may link to third party-controlled websites, like a business’s URL. Except as set forth herein, we do not share your personal information with them, and are not responsible for their privacy practices. 

CHOICES AND ACCESS 

We give you choices regarding our use and disclosure of your personal information. BrandMuscle provides you with the opportunity to receive information by email, regular mail or telephone calls from BrandMuscle, or third parties which may be of interest to you, including information relating to new products and services offered on the Service by BrandMuscle, or other third parties.  If you do not want to receive any information by email, regular mail or telephone calls, you may opt-out of further communications provided by BrandMuscle at any time by: (i) sending BrandMuscle an email at legal@brandmuscle.com; or (ii) writing to BrandMuscle at 1100 Superior Suite 500, Cleveland, OH, 44114, Attention: Data Privacy. Please note that BrandMuscle can only comply with requests relating to email, regular mail or telephone communications provided by BrandMuscle. If you no longer wish to receive further information by email, regular mail or telephone from any third party, you will need to contact such third party directly to opt-out of further communications being provided to you.  We will seek to comply with your request(s) as soon as reasonably practicable.   

If applicable, and you would like to review, correct, update, or delete the personal information that you have provided via this Service, please contact us.  We will try to comply with your request as soon as reasonably practicable.   

ACCURACY 

It is your responsibility to provide BrandMuscle with accurate personal information.  Except as otherwise set forth in this Policy, BrandMuscle shall only use personal information in ways that are compatible with the purposes for which it was collected or subsequently authorized by you.  To the extent necessary for these purposes, BrandMuscle shall take reasonable steps to ensure that personal information is accurate, complete, current and relevant to its intended use. 

CHILDREN 

The Service is intended for general audiences and is not directed to children under 13. We do not knowingly collect personal information from children under 13. If you become aware that a child has provided us with personal information without parental consent, please contact us here. If we become aware that a child under 13 has provided us with personal information without parental consent, we will take steps to remove such information and terminate the child’s account. 

SECURITY 

We use various safeguards to protect the personal information submitted to us, both during transmission and after we receive it. However, no method of transmission over the Internet or via mobile device, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security. 

CONTACT INFORMATION 

You may contact us online concerning our Privacy Policy, or write to us at the following address: 

BrandMuscle, Attn: Data Privacy 

1100 Superior, Suite 500  

ClevelandOH 44114 

For security purposes, we will take such steps as we deem necessary to confirm your identity before completing your request or sharing any personal data with you. 

MODIFICATIONS TO THIS PRIVACY POLICY 

We may revise this Privacy Policy from time to time. The most current version of the Privacy Policy will govern our collection, use, and disclosure of information about you and will be located here. If we make material changes to this Privacy Policy, we will notify you by email or by posting a notice on the Service prior to or on the effective date of the changes. By continuing to access or use the Service after those changes become effective, you acknowledge the revised Privacy Policy. 

YOUR RIGHT TO COMPLAIN 

If you have a complaint as to our use of your information, you may file a complaint with us, the GDPR supervisory authority, the California Attorney General, any other governmental agency, and/or a judicial body.  

A complaint may be submitted directly to BrandMuscle: 

  • In writing by sending an email to legal@brandmuscle.com; 
  • In writing by sending a letter to 1100 Superior, Suite 500, Cleveland, OH 44114; or 
  • Orally by directly contacting 866-464-4342 

 

CALIFORNIA RESIDENTS: YOUR CALIFORNIA PRIVACY RIGHTS 

Under the California Consumer Privacy Act of 2018 (“CCPA”), California residents have certain rights around BrandMuscle’s collection, use, and sharing of their personal information. 

BrandMuscle does not sell your personal information and will not do so in the future without providing you with notice and an opportunity to opt-out of such sale as required by law. Similarly, we do not offer financial incentives associated with our collection, use, or disclosure of your personal information. 

BrandMuscle collects various categories of personal information when you use the Service, including identifiers, commercial information, internet or other electronic network or device activity information, geolocation data, and professional information. A more detailed description of the information BrandMuscle collects and how we use it is provided above in Section 1 (Information We Collect and How We Use It). Section 3 (Third Parties) describes the categories of third parties with whom we share personal information, and what information may be shared under different circumstances. 

If you are a resident of California, you have the right to request what personal information has been collected about you, the categories of sources from which the personal information was collected, the business or commercial purpose for collecting or selling personal information, the categories of third parties with whom we share personal information, the specific pieces of personal information we have collected, and to access that information. You also have the right to request deletion of your personal information, though exceptions under the CCPA may allow BrandMuscle to retain and use certain personal information notwithstanding your deletion request, and the right to opt-out of the sale of your personal information.  You may also send your request by email to legal@brandmuscle.com. We will not discriminate against you for exercising your rights under the CCPA. An agent may submit a request on your behalf, but you must verify that your agent is authorized to do so.  Under the CCPA, a data subject may only make a personal information request twice in a 12-month period.  BrandMuscle will respond to such personal information request within 45 days of receipt of the request. 

 

Separate from the CCPA, California’s Shine the Light law gives California residents the right to ask companies what personal information they share with third parties for those third parties’ direct marketing purposes. We do not disclose your personal information to third parties for the purpose of directly marketing their goods or services to you unless you request such disclosure. If you have any questions regarding this policy, or would like to change your preferences, you may contact us at the address listed above in Section 8. 

EUROPEAN RESIDENTS: YOUR PRIVACY RIGHTS AND INTERNATIONAL DATA TRANSFER 

If you are a European Resident (i.e., a resident of the European Economic Area or Switzerland), you have the right to access your personal data, and the right to request that we correct, update, or delete your personal data. You can object to the processing of your personal information, ask us to restrict processing of your personal information, and request portability of your personal information. Similarly, if we have collected and processed your personal information with your consent, then you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your personal information conducted in reliance on lawful processing grounds other than consent. The Service generally provides you with a reasonable means to view and change your profile information and you can opt-out of marketing communications at any time by clicking on the “unsubscribe” or “opt-out” link in the marketing emails we send you or in your account settings. If you have any questions or comments about the processing of your personal information, you may contact us as described in Section 8 above. Please note that if you are a European Resident, the “data controller” responsible for protecting your personal data related to the Service is BrandMuscle, Inc. 

For European Residents, please note that the personal information we obtain from or about you may be transferred, processed, and stored outside of the EEA or Switzerland for the purposes described in this Privacy Policy, including in the United States of America. We take the privacy of our users seriously and therefore take steps to safeguard your information, including ensuring an adequate level of data protection in accordance with E.U. standards in effect as of the date of this Privacy Policy. These steps include use of the European Commission’s Standard Contractual Clauses for transfers of personal information between our group companies, which require all group companies to protect personal information they process from the EEA in accordance with European Union data protection laws. We have implemented similar appropriate safeguards with our third party service providers and partners and further details can be provided upon request.