Privacy Policy

1. Introduction

Frequentor LLC, a Texas limited liability company ("Frequentor," "we," "us," or "our"), is committed to protecting your privacy. This Privacy Policy explains how we collect, use, disclose, and safeguard your information when you use our mobile application for iOS and Android ("App") and our website at frequentor.com. The same practices are summarized in the App Store privacy label and the Google Play Data safety section. This policy applies to all users including customers, service staff (bartenders and servers), venue managers, and venue owners.

By using Frequentor, you agree to the collection and use of information in accordance with this Privacy Policy. If you do not agree with this policy, please do not use our App.

2. Information We Collect

2.1 Personal Information You Provide

We collect information that you voluntarily provide when you:

• Create an account (name, email address, phone number, profile photo)
• Connect with service staff or customers
• Communicate through the App
• Provide feedback or contact us

2.2 Location Data

Frequentor uses location services to provide core functionality:

• Real-time location to identify nearby venues where your preferred staff is working
• Venue check-ins and visit history (powered by Foursquare API)
• Proximity-based push notifications when preferred staff members clock in at nearby locations
• Background location: with your permission, the App uses location while it is closed or not in use to recognize when you arrive at or leave a venue. This powers silent check-in for customers and automatic clock-in for staff. It is optional, is requested only after an in-app explanation, and can be turned off at any time in your device settings. We never sell location data.
• Automatic background check-ins ("silent check-in") using geofence monitoring when you are near participating venues, even when the app is not open

Location Data Protection:

• All location data is encrypted in transit (TLS/SSL) and at rest (AES-256)
• We collect only the minimum location data necessary for service functionality
• Sensitive locations (healthcare facilities, places of worship) receive enhanced protection including anonymization and limited retention
• Users maintain full control and can disable location services at any time in device settings
• Location data is automatically purged according to defined retention schedules

2.3 Staff Work Schedule Information

For service staff members using Frequentor:

• Clock-in and clock-out times
• Current shift status (on shift/off shift)
• Venue location where currently working

2.4 Venue and Business Data

For venue managers and owners:

• Business information (venue name, address, hours of operation)
• Point-of-sale (POS) and loyalty program data integration (when enabled)
• Customer frequency, spending patterns, and preferences (for AI insights)
• Staff schedules and performance metrics

2.5 Occupancy & Sensor Data

At participating venues, Frequentor may collect anonymized occupancy data through on-premises sensors (e.g., motion/presence detection). This data is not linked to individual users and is used solely to provide real-time busyness estimates.

2.6 Loyalty & Rewards Data

Check-in history, points earned, rewards redeemed, and visit frequency through the Frequentor loyalty program.

2.7 Automatically Collected Information

• Device information (device type, operating system, unique device identifiers)
• App usage data (features used, time spent, interaction patterns)
• Log data (IP address, access times, app crashes, system activity)
• Push notification preferences and engagement

2.8 Voice and Translator Data

Frequentor offers an optional AI-powered voice translation feature that allows customers and staff to communicate across language barriers. This feature is off by default and must be explicitly enabled by the user.

When the voice translation feature is active:

• Voice recordings and their transcriptions are processed by Frequentor and transmitted to ElevenLabs for AI translation and synthesis
• Voice recordings and transcriptions qualify as sensitive personal information under the California Privacy Rights Act (CPRA)
• Voice data and transcriptions are retained for a maximum of 7 days and then permanently purged from our systems
• Voice data is not stored permanently and is never used for advertising profiling or sold to third parties

To request early deletion of voice data, contact privacy@frequentor.com. California residents may limit the use of this sensitive personal information via in-app opt-out controls or by contacting us at that address.

2.9 Live Translation (Mode B) Text Messages

Frequentor offers an optional text-based Live Translation feature ("Mode B") that lets a checked-in customer and an on-shift staff member at the same venue exchange messages in different languages. The feature only activates while the customer is checked in at the venue; when their check-in ends (geofence EXIT, the 6-hour ceiling, a drive-by reversal, or a "Not here?" tap), the live channel closes automatically.

When you send a Mode B message:

• The message text is transmitted to Anthropic's Claude Haiku 4.5 model via our `frequentor-translate-and-moderate` Lambda for translation and AI moderation in a single round-trip.
• The original text, translated text, original language tag, translated language tag, and moderation result (allowed / pending / blocked, with reason) are stored in our message database as conversation history.
• Messages flagged as hate speech, harassment, sexual content, threats, or spam are blocked before delivery; the recipient never sees them. The sender sees a blocked-with-reason status.
• Venue owners can view the conversation log + appeal a block on their venue dashboard at /venue/<venueId>/conversations. Customers and staff see only conversations they personally participated in.

Mode B is presence-gated and does not store voice or biometric data. Messages persist as history per our data-retention schedule (see §6). To request deletion of your Mode B conversation history, contact privacy@frequentor.com.

3. How We Use Your Information

We use collected information for the following purposes:

• Provide core App functionality (connecting customers with service staff)
• Send push notifications about staff availability and shift changes
• Enable real-time updates of staff work schedules
• Provide AI-powered insights to venue managers about customer behavior and profitability
• Improve App performance, features, and user experience
• Detect, prevent, and address technical issues or fraudulent activity
• Communicate with you about updates, support, and promotional offers (with your consent)
• Comply with legal obligations
• Award loyalty points based on venue visits and check-in activity
• Send promotional push notifications on behalf of venues ("Seat Boost") to customers who have visited that venue
• Display real-time venue occupancy estimates derived from sensor and check-in data

4. Data Sharing and Disclosure

We may share your information in the following circumstances:

4.1 Within the Frequentor Network

• Customer profile information is shared with service staff you connect with
• Staff work schedules and availability are shared with customers who follow them
• Venue managers can access aggregated customer data and AI insights about their venue
• Venue owners may send push notifications to customers who have checked in at their venue
• Anonymized occupancy data is displayed publicly as a busyness indicator

4.2 Third-Party Service Providers

• Foursquare API for location services and venue identification
• ElevenLabs for AI voice synthesis and translation (voice and transcription data; see §2.8)
• Anthropic (Claude Haiku 4.5) for text translation and moderation of Mode B conversations (message text; see §2.9)
• Cloud hosting and storage providers
• Push notification services
• Analytics and performance monitoring services

All third-party providers are contractually obligated to protect your data and use it only for specified purposes.

4.3 Legal Requirements

We may disclose your information if required by law, court order, or government regulation, or to protect the rights, property, or safety of Frequentor, our users, or others.

4.4 Business Transfers

In the event of a merger, acquisition, or sale of assets, your information may be transferred to the acquiring entity. We will provide notice before your information becomes subject to a different privacy policy.

5. Data Security

We implement industry-standard security measures to protect your information:

• Encryption of data in transit (TLS/SSL) and at rest (AES-256)
• Role-based access controls limiting employee access to personal data
• Regular security assessments and penetration testing
• Secure authentication mechanisms
• Incident response procedures for potential data breaches

However, no method of transmission over the internet or electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your information, we cannot guarantee absolute security.

6. Data Retention

We retain your information for as long as your account is active or as needed to provide services. When you delete your account, we will delete or anonymize your personal information within 30 days, except where required by law or for legitimate business purposes (such as fraud prevention or financial recordkeeping).

Location data is automatically purged according to our retention schedules, with sensitive location data retained for the minimum time necessary.

7. Your Rights and Choices

You have the following rights regarding your personal information:

• Access and Portability: Request a copy of your personal data in a portable format
• Correction: Update or correct inaccurate information
• Deletion: Delete your account and personal data yourself in the App (Profile → Delete account), or follow the steps at frequentor.com/delete-account
• Location Services: Disable location tracking in your device settings (this will limit App functionality)
• Push Notifications: Opt out of push notifications in App settings or device settings
• Marketing Communications: Unsubscribe from promotional emails
• Object to Processing: Object to certain uses of your information

To exercise these rights, contact us at privacy@frequentor.com.

8. California Privacy Rights (CCPA / CPRA)

California residents have additional rights under the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA):

• Right to know what personal information is collected, used, shared, or sold
• Right to delete personal information
• Right to opt-out of the sale of personal information (Note: we do not sell personal information)
• Right to non-discrimination for exercising CCPA rights

CPRA — Sensitive Personal Information

Under CPRA, voice recordings and transcriptions qualify as sensitive personal information. If you use Frequentor's AI voice translation feature, your voice data and transcriptions are processed by Frequentor and transmitted to ElevenLabs for translation. This feature is off by default. Voice data is purged within 7 days. We do not sell or share voice data for cross-context behavioral advertising.

California residents may limit the use of their sensitive personal information by contacting privacy@frequentor.com or using in-app opt-out controls. To request deletion of voice data, email privacy@frequentor.com.

9. European Privacy Rights (GDPR)

For users in the European Economic Area, we comply with GDPR requirements:

• Legal basis for processing: consent, contract performance, legitimate interests, or legal compliance
• Right to lodge a complaint with your local data protection authority
• Right to withdraw consent at any time
• International data transfers are protected by appropriate safeguards

10. Children's Privacy

Frequentor is intended for users age 21 and older in the United States, and 18 and older in other jurisdictions. We do not knowingly collect personal information from children under these ages. If we discover that we have collected information from a child under the applicable age, we will delete it immediately. If you believe we have collected information from a child, please contact us at admin@frequentor.com.

11. International Users

Frequentor is based in Texas, United States. If you access the App from outside the United States, your information may be transferred to, stored, and processed in the United States. By using the App, you consent to the transfer of your information to the United States and acknowledge that U.S. data protection laws may differ from those in your country.

12. Third-Party Links

The App may contain links to third-party websites, services, or venues. We are not responsible for the privacy practices of these third parties. We encourage you to review the privacy policies of any third-party services you access.

13. Changes to This Privacy Policy

We may update this Privacy Policy from time to time. We will notify you of material changes by posting the new policy in the App and updating the "Effective Date" above. Your continued use of the App after changes become effective constitutes acceptance of the revised policy.

14. Venue Liability Disclaimer

Important Notice for Venues, Staff, and Customers:

Frequentor facilitates connections between service staff and customers independently of venue operations. Venues are NOT responsible or liable for:

• Interactions, communications, or relationships between staff members and customers that occur through or are facilitated by the Frequentor App
• Any harassment, altercations, disputes, or incidents involving customers and staff who have connected via Frequentor
• Off-duty interactions or communications between staff and customers
• Customer behavior towards staff that originates from or is related to connections made through the App

User Responsibility and Safety Features:

Users (both staff and customers) are solely responsible for their interactions and conduct. Frequentor provides safety features including:

• Block feature allowing users to prevent unwanted contact
• Report functionality for inappropriate behavior
• Privacy controls over profile visibility and notifications

By using Frequentor, staff members acknowledge that their connections with customers are personal choices made independently of their employer. Venues and venue management are not party to these connections and bear no responsibility for outcomes resulting from such connections.

Users agree to hold venues harmless from any claims, damages, or liabilities arising from interactions facilitated through the App. For complete terms regarding liability, indemnification, and dispute resolution, please refer to our Terms of Service.

15. SMS / Text Messaging

If you opt in to receive text messages from Frequentor (for example, to follow a staff member and receive shift notifications), we will send you a one-time verification message and occasional notifications such as shift alerts. Message frequency varies. Message and data rates may apply. You can opt out at any time by replying STOP to any message, or reply HELP for assistance. No mobile information will be shared with third parties or affiliates for marketing or promotional purposes. Text messaging originator opt-in data and consent will not be sold or shared with any third parties.

16. Contact Us

If you have questions, concerns, or requests regarding this Privacy Policy or our data practices, please contact us: