Restaurant Facility Management Association PRIVACY POLICY
Last revised August 1, 2023

General. Restaurant Facility Management Association (“RFMA”) respects your privacy and is committed to protect it through the application of this policy (the “Policy”). This Policy describes:

• The types of information RFMA may collect or that you may provide when you download, install, register with, access, or use www.rfmaonline.com (the “Website”) and/or [RFMA Association App and/or RFMA Annual Conference App] (the “App”); and

• RFMA’s practices for collecting, using, maintaining, protecting, and disclosing that information.

This policy applies only to information RFMA collects in the Website and the App and in email, text, and other electronic communications sent through or in connection with the Website or the App.

This policy DOES NOT apply to information that:

• RFMA collects offline; or

• You provide to or is collected by any third party.

These other third parties may have their own privacy policies, which you are encouraged and expected to read before providing information on or through them.

Please read this Policy carefully to understand RFMA’s policies and practices regarding your information and how RFMA will treat it. If you do not agree with the policies and practices described herein, do not download, register with, access, or use the Website or App. By downloading, registering with, or using the Website or the App, you agree to the matters addressed in this Policy. This Policy may change from time to time (see Changes to RFMA Privacy Policy). Your continued use of this Service after RFMA revises this Policy means you accept those changes, so please check the Policy periodically for updates. If you have any questions or concerns, please contact RFMA by mail, email, or phone using the contact information provided below (see Contact Information).

NOTICE OF DISPUTE RESOLUTION: THIS POLICY CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS ARISING FROM THIS POLICY MUST BE RESOLVED, INCLUDING AN AGREEMENT TO ARBITRATE DISPUTES, WHICH WILL REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST RFMA AND ITS SERVICE PROVIDER TO BINDING ARBITRATION. PLEASE READ THE ARBITRATION PROVISION IN THIS POLICY AS IT AFFECTS YOUR RIGHTS.

About RFMA. RFMA is a Texas nonprofit corporation organized and operated as an organization described in section 501(c)(6) of the Internal Revenue Code.

Child Protection. RFMA is particularly sensitive about guarding the privacy of children. The Website and the App are not intended for children under 13 years of age, and RFMA does not knowingly collect personal information from children under 13 years of age. If RFMA learns it has collected or received personal information from a child under 13 years of age without verification of parental consent, RFMA will delete that information. If you believe RFMA might have any information from or about a child under 13 years of age, please contact RFMA by mail, email, or phone using the contact information provided below. 

Information RFMA Collects and How RFMA Collects It. RFMA collects information from and about users of the Website and the App in the following ways:

• Directly from you when you provide it to RFMA through completion of data fields or communications with RFMA or through the Website or the App; and

• Automatically when you use the Website or the App.

Information You Provide to RFMA.

When you download, register with, or use the Website or the App, RFMA may ask you to provide information:

• By which you may be personally identified, such as name, home address, email address, mobile telephone number, photograph, age, date of birth, company and job title, employer or company information, credit card information, membership information with RFMA, or any other identifier by which you may be contacted online or offline (“personal information”);

• Business information when provided through applicable data fields or through your interactions with RFMA, such as company name, address, website, business lines, and markets served; and

• That is about you or your company and may specifically identify you or your company.
  

The above-referenced personal information includes:

• Information that you provide by filling in forms in the Website or the App, including information provided at the time of registering to use the Website or the App, posting material on the App, and requesting goods or services by means of the Website or the App; and

• Records and copies of your correspondence (including email addresses and phone numbers), if you contact RFMA.

You may also provide information for publication or display (“Posted”) on public areas of the Website or the App (collectively, “User Contributions”). Your User Contributions are Posted and transmitted to others at your own risk. Although you may be able to set certain privacy settings for such information by logging into your account profile, please be aware that no security measures are perfect or impenetrable. Additionally, RFMA cannot control the actions of third parties with whom you may choose to share your User Contributions. Therefore, RFMA cannot and does not guarantee that your User Contributions will not be viewed by unauthorized persons.

Automatic Information Collection.

When you download, access, and use the Website or the App, it may use technology to automatically collect:

• Usage Details. When you access and use the Website or the App, RFMA may automatically collect certain details of your access to and use of the App, including traffic data, location data, logs, and other communication data and the resources that you access and use on or through the Website or the App;

• Device Information. RFMA may collect information about your mobile device and internet connection, including the device’s unique device identifier, IP address, operating system, browser type, mobile network information, and the device’s telephone number; and

• Stored Information and Files. The Website or the App also may access metadata and other information associated with other files stored on your device. This may include, for example, photographs, audio and video clips, personal contacts, and address book information.

Information Collection Technologies. The technologies RFMA uses for automatic information collection may include cookies (or mobile cookies). A cookie is a small file placed on your smartphone. It may be possible to refuse to accept mobile cookies by activating the appropriate setting on your smartphone. However, if you select this setting you may be unable to access certain parts of the App.

How RFMA Uses Your Information. RFMA uses information that RFMA collects about you or that you provide to RFMA, including any personal information, to:

• Provide you with the Website and the App and their contents, and any other information, products, or services that you request from RFMA;

• Fulfill any other purpose for which you provide the information;

• Carry out RFMA’s obligations and to enforce RFMA’s rights arising from any contracts entered into between you and RFMA, including for billing and collection; and

• Notify you when the App updates are available, and of changes to any products or services RFMA offers or provides though the Website or the App.

The usage information RFMA collects helps RFMA to improve the Website or App, as applicable, and to deliver a better and more personalized experience by enabling RFMA to:

• Estimate RFMA’s audience size and usage patterns; and

• Store information about your preferences, allowing us to customize the App according to your individual interests.

Sharing of Personal Information. RFMA will not sell, rent, or lease your personal information or business information to others. RFMA will not intentionally provide or allow access to your personal information or business information to any third party except:

• when RFMA has your permission to share your information (including to complete a credit card transaction in which case RFMA will only use companies who employ similar privacy protections to secure your personal information);

• when RFMA is required by law to do so or in the event of legal action arising from information posted by you;

• providing such information is necessary or useful for RFMA’s Website and/or App service providers to provide you with the App, its content, and any other information, products, or services that you request from RFMA; or

• in the event of exigent circumstances, such as when there are reasons to believe, based on information posted by you, that there is risk of harm to yourself or to another.

Note that Pinxter Inc., a Virginia corporation, d/b/a Clowder (“Clowder”), provides to RFMA a Clowder branded software application that RFMA uses as part of its services to make available the Website and/or the App. And, Certain, Inc. (“Certain”) provides to RFMA application-related services for RFMA’s App. If you visit or use RFMA’s Clowder branded application or the App, Clowder or Certain, as applicable, may, on RFMA’s behalf, collect and use information about you to improve the Website and/or App or RFMA’s services. Clowder and Certain may use this information about you according to user terms and conditions applicable to the App, which incorporates this Privacy Policy, and according to any other of RFMA’s instructions and direction aimed at improving the Website and/or App.

Security of Your Personal Information. RFMA is committed to protecting the security of your information. To prevent unauthorized access, maintain data accuracy, and prevent improper use, RFMA has implemented physical, technological, and administrative procedures to safeguard and secure your personal information that RFMA collects online. RFMA uses industry standard encryption software when collecting or transferring sensitive data such as credit card information. However, as effective as these measures are, no security system is impenetrable. RFMA cannot guarantee the security of RFMA’s database, nor can RFMA guarantee that the information you supply will not be intercepted while being transmitted to RFMA over the Internet.

Changes to RFMA Privacy Policy. RFMA may update this Policy from time to time. If RFMA makes material changes to how RFMA treats users’ personal information, RFMA will post the new privacy policy on this page. The date the privacy policy was last revised is identified at the top of the page. You are responsible for periodically visiting this Privacy Policy to check for any changes.

Governing Law and Forum. You agree that the laws of the State of Texas, without regard to conflicts of laws principles thereof, will apply to all matters relating to this Policy. You agree and hereby submit to the exclusive personal jurisdiction and venue of the state and federal courts in the State of Texas, County of Collin with respect to such matters.

Severability. If for any reason a court or other tribunal of competent jurisdiction finds any provision of this Policy, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Policy, the remainder of the Policy shall continue in full force and effect, and any unenforceable provision will remain as written in any circumstances other than those in which the provision is held to be unenforceable.

ARBITRATION. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ANY DISPUTE BETWEEN YOU AND RFMA ARISING OUT OF OR RELATING TO THIS PRIVACY POLICY WILL BE RESOLVED BY ARBITRATION BEFORE THE AMERICAN ARBITRATION ASSOCIATION PURSUANT TO ITS RULES THEN IN EFFECT (WWW.ADR.ORG). THE ARBITRATION PROCEEDINGS SHALL TAKE PLACE REMOTELY AND BY ELECTRONIC VIDEO CONFERENCE MEANS, UNLESS ORDERED OTHERWISE BY THE ARBITER UPON GOOD CAUSE SHOWN BY THE REQUESTING PARTY, AND IN SUCH EVENT, THE IN-PERSON ARBITRATION PROCEEDING, HEARING, OR CONFERENCE SHALL TAKE PLACE IN COLLIN COUNTY, TEXAS. THE ARBITRATION AND ARBITER FEES SHALL BE SHARED EQUALLY BY THE PARTIES SO INVOLVED IN THE ARBITRATION. YOU AGREE THAT ANY ARBITRATION AWARD WILL BE ENFORCEABLE IN STATE OR FEDERAL COURT OTHERWISE HAVING JURISDICTION. THE PREVAILING PARTY IN ANY ARBITRATION OR COURT PROCEEDING WILL BE ENTITLED TO AN AWARD OF ITS REASONABLE COSTS AND ATTORNEY FEES INCURRED IN THE SUCCESSFUL PROSECUTION AND/OR DEFENSE OF CLAIMS IN SUCH PROCEEDING AS DETERMINED BY THE APPLICABLE ARBITER OR COURT OF COMPETENT JURISDICTION.

Contacting RFMA. If you have questions or comments about this Policy, RFMA’s use of your personal information, would like to verify the accuracy of RFMA records containing your personal information, or feel that this site is not following the policies RFMA has described herein, please contact RFMA. RFMA will put forth commercially reasonable effort to address and correct any problem that may exist or arise in regard to this Policy. Address any questions or concerns to RFMA at:

Restaurant Facility Management Association
2801 Network Blvd, Suite 100
Frisco, TX 75034
(972) 805-0905
info@rfmaonline.com