Privacy Policy and Terms & Conditions for Paytronix Systems, Inc. and Ruth’s Regulars

Revised and Effective: March 1, 2021:

Paytronix is committed to protecting and respecting your privacy. This microsite https://paytronix.myguestaccount.com/guest is hosted by Paytronix on behalf of our client Prime Hospitality Group, referred to as PHG. This Privacy Policy explains how Paytronix collects, stores, uses and protects personal information about people who visit its myguestaccount microsites, and members of the Ruth’s Regulars program.

We may change this Privacy Policy and Terms & Conditions from time to time, so please check this page occasionally to ensure that you’re happy with any changes. By using this microsite, you agree to be bound by this Privacy Policy and the Terms & Conditions.

Who are we?

Paytronix Systems, Inc., provides gift and loyalty programs for restaurants. We process transactions, provide a marketing platform, and analyze the data for those programs on behalf of our clients.

How do we collect information from you?

When you join PHG’s loyalty or gift program hosted by Paytronix or an existing program is migrated to Paytronix’s program by PHG, we begin collecting, storing, and making your data available to PHG through our merchant interface. Programs may include an online registration form, an interactive SMS flow, interactions through email, interactions through a mobile phone app, activity at the point-of-sale, or the transfer of your data from PHG another way, such as paper registration forms.

While you are a member of PHG’s loyalty program, we collect information the following ways:

  • Microsites: Paytronix provides microsites and other ways for PHG to deliver and collect member information to members. This may include a registration page, profile editing page, refer a friend, transaction history, e-gift purchases, physical gift card purchases, and more;
  • Your browser or device: Certain information is collected by most browsers or automatically through your device, such as your Media Access Control (MAC) address, computer type (Windows, Apple, or Android), screen resolution, operating system name and version, device manufacturer and model, language, Internet browser type and version, and browser click-through and usage data;
  • Cookies: Cookies are pieces of information stored directly on the computer that you are using. Our websites, personalized promotions, and emails use cookies, pixel tags, and other technologies to automatically collect information about your interactions, such as browser type, pages viewed, links clicked, and other actions you take in connection with our websites, online ads, and email. We use the information for a variety of purposes, including to facilitate navigation, to display information more effectively, to personalize your experience, to understand how our websites are used, to market our products and services, to measure the success of our marketing campaigns, and for security purposes. Cookies are necessary for the proper use of the microsite, so that we can maintain access privileges and security of the site. If you do not accept cookies, you will not be able to use the microsite interface;
  • Using pixel tags and other similar technologies: We may use pixel tags to, among other things, track the actions of users of our sites and services (including email recipients), measure the success of our marketing campaigns and compile statistics about usage of our sites and services and response rates;
  • Analytics: We use third-party service providers, including Google, which use cookies and similar technologies to collect and analyze information about use of our website. This service may also collect information regarding the use of other websites, apps and online resources. You can learn about Google’s practices at http://www.google.com/policies/privacy/partners/, and opt out by using the Google Analytics Opt-Out Browser Add-on, available at https://tools.google.com/dlpage/gaoptout;
  • IP Address: Your Internet Protocol (“IP”) address is a number that is automatically assigned to the computer that you are using by your Internet Service Provider (ISP). An IP address may be identified and logged automatically in our server log files whenever you access our websites, along with the time of the visit and the pages that were visited. Your IP address may also indicate your approximate physical location. Collecting IP addresses is standard practice and is done automatically by many websites, applications and other technologies. We use IP addresses for purposes such as calculating usage levels and diagnosing networking, server and software problems and for tracking and detecting fraudulent behavior;
  • In Store Technologies: We track purchase behavior at the point-of-sale for the purpose of operating loyalty and gift programs; and
  • Mobile Applications: When you download one of our mobile applications, we may track and collect usage data such as date and time the app accesses our servers and what information and files have been accessed, viewed and our downloaded to the app based on your device number or other identifier. If you allow the mobile app to collect location information, we may receive the precise location of your mobile device, such as your device’s precise GPS coordinates. Typically, you give permission to do so through your device’s mobile operating system. If you grant permission we may collect that information while the device is running in the foreground or background. You may disable the app’s collection of location information through your device’s mobile operating system.

What type of information is collected from you?

We may collect personal information with information from you, such as your name, email address, postal address, phone number, gender, birthday, personal interests, etc., when you engage in activities such as visiting one of our microsites, PHG’s locations, installing or using our mobile apps, placing an order online, saving your information with us online, interacting with an email, contacting us with a question or concern, or participating in a contest, promotion, or survey. We may maintain a record of your product interests and the purchases you make online, through a mobile app, by phone and in PHG’s stores. Through the point of sale, we may track the location of the transaction, the date and time of the transaction, what was purchased and other details of the transaction. This data may be necessary for the operation of the loyalty program so that rewards can be earned and redeemed or gift program so that currency can be added or redeemed. Personal information, such as phone number, may be used at the point-of-sale as an identifier to your account information so that a transaction can be processed for your account.

We may combine personal information about your online and in-store transactions and other interactions with us, including your purchases. We may also combine your personal information with information we receive from other sources provided by PHG, public databases, publicly available pages on social media platforms and other third parties. In addition, if you choose to engage in social sharing, such as by connecting your social media account to your customer account or by logging into your customer account from your social media account, the social media site may share information with us about your use of their services, including profile information, information about your contacts and content you have viewed or liked. Please refer to the social media site’s privacy settings to control how your information is shared.

If you submit any personal information relating to other people to us or to our service providers, you represent that you have the authority to do so and to permit us to use the information in accordance with this Privacy Policy.

How is your information used?

  • To enable you to enroll and participate in a loyalty, gift, or customer relationship program;
  • To grant access to your account information;
  • To enable you to identify yourself to earn or redeem loyalty currency or add or redeem stored value currency;
  • To process transactions for the purpose of adding or redeeming gift currency or earning and redeeming loyalty currency;
  • To enhance the app experience. With device location information we help you locate stores and check in to stores to identify yourself for the purpose of earning and redeeming loyalty currency;
  • To communicate. PHG may use the data to communicate with you through targeted marketing and account-related messages that arrive via your mobile device, mobile app, email inbox, or via SMS depending on your opt in status;
  • To prevent, detect, mitigate, and investigate fraud, security breaches and activities that are or potentially may be prohibited or illegal;
  • As we believe to be required or appropriate to protect the rights, property, safety, and security of Paytronix and PHG and their employees, customers, and others; and
  • As we believe to be required or appropriate under applicable law.

We will hold your personal information in our systems for as long as is necessary for the relevant activity, or as long as is defined in any relevant contract with PHG.

For handling of EU data, please see PHG’s privacy policy. We will commit to providing “opt out” options as well as the ability for those who reside in the EU to delete their information from our database.

Who has access to your information?

Paytronix, PHG, and those that have credentials to access to PHG’s merchant portal;

Paytronix and PHG will not sell or rent your information to third parties;

Third-party service providers working on behalf of Paytronix and PHG: We may pass your information to our third-party service providers, subcontractors and other associated organizations for purpose of completing tasks and providing services to PHG. However, when we use third-party service providers, we disclose only the personal information that is necessary to deliver the service and we have a contract in place that requires them to keep your information secure and not to use it for their own direct marketing purposes. Please be reassured that we will not release your information to third parties beyond the Paytronix Network for them to use for their own direct marketing purposes, unless you have requested us to do so, or we are required to do so by law, for example, by a court order or for the purposes of prevention of fraud or other crime; and

We may transfer your personal information to a third party as part of a sale of some or all of our business and assets to any third party or as part of any business restructuring or reorganization, or if we’re under a duty to disclose or share your personal data in order to comply with any legal obligation or to enforce or apply our terms of use or to protect the rights, property or safety of our supporters and customers. However, we will take steps with the aim of ensuring that your privacy rights continue to be protected.

Your choices

You have a choice about whether you wish to receive information from PHG. If you do not want to receive communications from PHG, then you can opt out. Opting out of promotional emails for the Ruth’s Regulars program will cause the loss of some benefits of the program.

How you can access and update your information

The accuracy of your information is important to us. We’re working on ways to make it easier for you to review and correct the information that we hold about you. The microsite provides tools to access and update your information here: https://paytronix.myguestaccount.com/guest/profile. Please contact PHG with questions on your data, for the right to access your data, or if you want to be forgotten.

Security precautions in place to protect the loss, misuse or alteration of your information

For certain programs, we may collect sensitive data (credit cards, debit cards) over the Internet. We protect this data by encrypting in transit and at rest. We enable you to delete this information from the microsite or by contacting PHG for whom we host the microsite.

We provide industry-standard physical, electronic, and procedural safeguards to protect information we process and maintain. For example, we take reasonable measures to limit access to this information to authorized employees and contractors who need to know that information in order to operate, develop or improve our service. Please be aware that, although we endeavor to provide reasonable security for information we process and maintain, no security system can prevent all potential security breaches. As a result, Paytronix and PHG cannot guarantee or warrant the security of any information you transmit on or through the service and you do so at your own risk.

Profiling

We may analyze your personal information to create a profile of your interests and preferences so that PHG can contact you with information relevant to you. We may make use of additional information about you when it is available from external sources to help us do this effectively.

Links to other websites

The microsite may contain links to other websites run by other organizations. This Privacy Policy applies only to the microsite, so we encourage you to read the privacy statements on the other websites you visit. Paytronix and PHG cannot be responsible for the privacy policies and practices of other sites, even if you access them using links from our website.

In addition, if you have accessed the microsite from a third-party site, Paytronix and PHG cannot be responsible for the privacy policies and practices of the owners and operators of that third-party site and recommend that you check the policy of that third-party site.

How does Paytronix and PHG protect children’s privacy?

Paytronix and PHG is concerned about the privacy and safety of children when they use the Internet. We will never knowingly request personally identifiable information online from anyone under the age of 16. If you are under these ages please contact the program administrator and have your personal information removed.

How do I contact you?

Please contact PHG with questions or comments regarding your data. If you have attempted to reach PHG, and have not received a response, please contact Paytronix and include PHG’s information in your communication:

  • By mail to:

Paytronix
Att: Privacy Policy Guests
80 Bridge Street
Newton, MA 02458

ACCEPTANCE OF TERMS & CONDITIONS

By use of PHG’s loyalty or gift program hosted by Paytronix or an existing program migrated to Paytronix’s program by PHG, you accept and agree to all terms, conditions and notices contained or referenced in this Privacy Policy and its Terms & Conditions. Please read the following terms carefully. If you do not agree to the Terms & Conditions, do not use this opt into PHG’s loyalty or gift program hosted by Paytronix. Paytronix and PHG, and their affiliates, subsidiaries and/or assigns, reserve the right to update or revise the Terms & Conditions at anytime, and you should therefore check the Terms & Conditions periodically for changes. Use of PHG’s loyalty or gift program hosted by Paytronix following changes to the Terms & Conditions constitutes your acceptance of those changes.

PROPRIETARY RIGHTS

You acknowledge and agree that all content and materials through or made available to you through PHG’s loyalty or gift program hosted by Paytronix, are protected by applicable intellectual property and other laws, and that you do not own or otherwise have a proprietary interest in or right to use such content and materials. Unless authorized in writing by PHG, you agree not to sell, license, modify, rent, lease, loan, distribute, copy, reproduce, transmit, publicly display, publish, adapt, or edit, in whole or part, such content and materials, or create derivative works thereof, including, without limitation, fonts, icons, link buttons, wall paper, desktop themes, on-line postcards, greeting cards or unlicensed merchandise.

DISCLAIMER

Your use of PHG’s loyalty or gift program hosted by Paytronix, is at your sole risk. All content, materials, information, software, products and services included in or available though this web site (collectively, the “Content”) are provided on an “as is” and “as available” basis. Paytronix and PHG expressly disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Paytronix and PHG make no warranty that the Content (a) will meet your needs or requirements, or is of a certain quality, (b) is accurate, reliable or correct, (c) will be available on the web site at any specific time or location, (d) will be available on the web site uninterrupted, secure or error-free, or (e) is free of viruses or other harmful components. No advice or information available on the web site shall create any warranty not stated in the Terms of Use. Any material which you download or obtain via other means from PHG’s loyalty or gift program hosted by Paytronix, is done at your own risk. In the event a jurisdiction does not allow the exclusion of certain warranties, Paytronix’s and PHG’s warranties in such jurisdiction shall be limited to the extent permitted by law.

LIMITATION OF LIABILITY

Under no circumstances shall Paytronix and/or PHG, or any of its subsidiaries, parents, affiliates, agents, employees, licensees, subcontractors, or any third party providers be liable to you for any direct, indirect, incidental, special, circumstantial or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Paytronix and/or PHG has been advised of the possibility of such damages), that result from the use or inability to use this web site. The foregoing limitation applies regardless of the nature or theory of law upon which such any alleged liability is based. In the event a jurisdiction does not allow the exclusion or limitation of certain damages, Paytronix’s and PHG’s liability in such jurisdiction shall be limited to the extent permitted by law.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless Paytronix and PHG, its parents, subsidiaries, affiliates, and/or assigns together with their respective employees, agents, directors, officers and shareholders, from and against all liabilities, claims, damages and expenses (including reasonable attorney’s fees and costs) arising out of your use of this web site, your failure to use the site, your breach or alleged breach of the Terms of Use or your breach of the copyright, trademark, proprietary or other rights of third parties.

CHOICE OF LAW AND FORUM

These Terms of Use will be governed by and construed in accordance with the laws of the state of Indiana, without regard to its conflicts of laws provisions. You, Paytronix and PHG expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of the web site shall be in the state or federal courts of the state of Indiana, Marion County, and you agree and submit to the exercise of personal jurisdiction of such courts over you for the purpose of litigating any such claim or action.

LINKING

Paytronix and PHG do not represent that the content on this web site is appropriate or available for use in locations outside the United States, and therefore, accessing the web site from locations where the contents are illegal is prohibited. To the extent you access the web site from such locations, you do so at your own risk and are solely responsible for compliance with local laws.

WAIVER AND SEVERABILITY

The failure of Paytronix and/or PHG to exercise or enforce any right arising from the Terms of Use, a violation of the Terms of Use, or your use of the web site shall not constitute a waiver of such right or provisions. In the event any part of these Terms of Use is found by a court of competent jurisdiction to be invalid or otherwise unenforceable, you and PHG agree that the court should construe that part in a manner consistent with applicable law to reflect as nearly as possible, the original intention of the parties, and the other provisions of the Terms of Use shall remain in full force and effect.

TERMINATION

Paytronix and PHG reserve the right, in their individual and sole discretion, to terminate, cancel, suspend or block your access to all or part of this web site, and the Ruth’s Regulars program, and to terminate or modify your account balance, with or without notice. Paytronix and PHG reserve the right to change the terms, benefits and rewards offered through the Ruth’s Regular program at any time, without notice.

Review of this Policy

We keep this Policy under regular review and we may change this privacy statement and its terms and conditions from time to time at our sole discretion. If we do, we will post the revised version here and change the last updated date (the date it applies from) at the top of the statement. You should check here regularly for the most up-to-date version of the statement.

This Privacy Policy and the Terms & Conditions were last updated on March 1, 2021.