Privacy Policy

Axial Commerce, Inc. dba Axial Shift ("Axial," "we," or "us") respects your privacy. This Privacy Policy explains what information we collect, how we use and share it, and the choices you have.

This policy covers:

• our website at www.axialshift.com and our help center at help.axialshift.com (the "Website");
• the Axial Shift platform, including our web and mobile apps (the "Services"); and
• our sales, marketing and support communications with you.

Restaurant groups that subscribe to Axial ("Customers") put data about their business and their employees into the Services, such as sales, schedules and time punches ("Customer Data"). We process Customer Data on the Customer's behalf and under our SaaS Agreement with that Customer. The Customer decides what Customer Data goes into the Services and is responsible for giving any notices its employees need. If you work for one of our Customers and have questions about your data, contact your employer first. We will help them answer you.

By using the Website or the Services, you agree to this Privacy Policy. You should also review our Terms of Service, which incorporate this policy.

Changes to this policy. We may update this policy as our practices change. We will post the new version here with a new "Last modified" date. If we make a material change, we will also notify account holders by email or with a notice in the Services before the change takes effect.

Questions? Email support@axialshift.com.

Information we collect

Information you give us. When you request a demo, contact us, sign up, attend an event or webinar, or otherwise interact with us, we collect information such as your name, company, job title, work email, phone number, and details about your restaurants ("Personal Information"). We may also ask for information about your business, such as your entity name, assumed or trade name, Employer Identification Number (EIN), company and executive profiles and contact information ("Business Information").

Payments. Stripe processes our payments. You enter card or bank account details directly into Stripe's secure payment form, and they go straight to Stripe. Axial never receives or stores your card or bank account numbers. Stripe handles that information under its own privacy policy.

Account and app information. When you or your team use the Services, we collect the information needed to run your account, such as name, email, phone number, role, location access and sign-in activity. If you upload files or photos in the mobile app, such as invoices, we collect those too.

Customer Data. With a Customer's authorization, we collect Customer Data from the systems the Customer connects, such as point-of-sale, payroll and scheduling systems. Customer Data can include sales and check details, employee names and contact details, jobs, schedules, time punches, tips and labor costs.

Communications. If you email, call or chat with us, or contact our support team, we keep records of those communications.

User generated content and public information

You also may provide information to be published or displayed (hereinafter, “posted”) on public areas of our website(s), or transmitted to other users of our Services or third parties (collectively, “User Contributions”). Your User Contributions are posted on and transmitted to others at your own risk. Although we limit access to certain pages or you may 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, we cannot control the actions of other users with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.

Cookies, pixels and similar technologies

In addition to the information that you directly submit to us, we and our third-party service providers may use a variety of technologies that automatically collect information whenever you visit or interact with the Website or the Services ("Usage Information"). This Usage Information may include the browser and device that you are using, your operating system, the URL that referred you to our Website, the pages and areas within our Website and Services that you visit, the links and buttons you click, how long you stay, the time of day, and approximate location derived from your IP address, among other information. We may use Usage Information for a variety of purposes, including to understand how the Website and Services perform and to enhance or otherwise improve them. In addition, we collect your IP address or other unique identifier ("Device Identifier") for your computer, mobile or other device used to access the Website or Services ("Device"). Usage Information may be non-identifying or may be associated with you. Whenever we associate Usage Information or a Device Identifier with your Personal Information, we will treat it as Personal Information.

We may collect Usage Information using the following methods or technologies, among others:

Cookies and local storage. A cookie is a small data file placed on a Device when it is used to access the Website or Services. Websites can also store similar data in your browser's local storage. Cookies and local storage may be used for many purposes, including, without limitation, keeping you signed in, remembering you and your preferences, measuring traffic and performance, and tracking your visits to our web pages. Some cookies are set by us ("first-party cookies") and some are set by our service providers and partners ("third-party cookies"). Our Website runs on Shopify, which sets its own cookies to operate and secure the site.

Your browser allows you to deny or accept the use of cookies. Cookies can be disabled or controlled by setting a preference within your web browser or on your Device. However, if you disable cookies on your Device, some features of the Website or Services may not function properly. Axial cannot control the use of cookies (or the resulting information) by third parties, and use of third-party cookies is governed by those third parties' privacy policies.

Web beacons and pixels. Small graphic images or computer code called web beacons or pixels may be included in our web pages, apps and emails. Web beacons are tiny graphics or snippets of code with a unique identifier, similar in function to cookies, and are used to track the online movements of web users. Web beacons and similar technologies help us better manage content on our Website and Services by telling us what content is effective, counting users, monitoring how users navigate, counting how many emails that we send were actually opened, and counting how many particular articles or links were actually viewed. Advertising partners may also use pixels to measure whether our ads lead to visits or sign-ups.

Embedded scripts and software development kits (SDKs). An embedded script is computer code that is designed to collect information about your interactions with the Website or Services, such as the links you click on. The code is temporarily downloaded onto your Device from our web server or a third-party service provider and is active while you are connected. Our mobile apps may include SDKs from service providers that perform similar functions, such as analytics, crash reporting and performance monitoring.

Analytics and performance monitoring. We may use third-party analytics and monitoring tools, such as Google Analytics and similar services, to understand how visitors find and use the Website and Services, to measure page speed and uptime, to record and review how visitors move through pages (sometimes called session replay), and to find and fix errors. These providers may set and access their own cookies, web beacons and embedded scripts on your Device. You can learn how Google uses this information at policies.google.com/technologies/partner-sites and opt out of Google Analytics with the browser add-on at tools.google.com/dlpage/gaoptout.

Advertising and marketing tools. We may work with advertising and marketing partners, such as search engines, social networks and marketing automation providers, to show you Axial ads on other websites, to measure how well our ads and emails work, and to understand which visitors become customers. These partners may use cookies, pixels and similar technologies to collect information about your activity on our Website and on other websites over time. See Your choices and rights below to opt out.

How we use information

We may use the Business Information, Personal Information, Customer Data and Usage Information we collect (collectively, "Information") to:

• provide, maintain and support the Services, including the reports, schedules and alerts you set up;
• process your registration with the Services, including verifying your information is active and valid;
• send service messages, such as daily sales reports, transactional summaries, account notices, security alerts and maintenance or service disruption notices (you can't opt out of these while you have an account);
• respond to your questions and support requests;
• send newsletters, product news, special offers and other marketing on behalf of us or our partners, which you can opt out of at any time with the unsubscribe link in each email;
• advertise Axial on other websites and measure how well our advertising works;
• understand how the Website and Services are used and perform, and customize your experience with them;
• improve the Services and develop new features;
• diagnose problems with our servers and administer the Website;
• create aggregated or de-identified information and include it in our data analytics and benchmarks, in a form that does not identify any person or Customer;
• protect the security of the Website, the Services and our users, and detect and prevent fraud and abuse;
• comply with the law and enforce our agreements;
• for other internal business purposes; and
• for purposes disclosed at the time you provide your information or as otherwise described in this Privacy Policy.

AI features

AI features in the Services. Some features of the Services use AI models to analyze Customer Data and produce summaries, answers and recommendations, such as the optional shift analysis in the Daily Sales Report. To provide these features, we send the relevant Customer Data, along with the questions and instructions needed to produce the result, to third-party AI providers. These currently include Anthropic (Claude) and OpenRouter, a service that routes requests to AI models from a number of different model providers. We may add or change AI providers over time.

Using these AI features may result in Customer Data being used by AI providers to train or improve their AI models. Axial does not control how AI providers use the data they receive, and which model provider handles a given request can vary, so the terms that apply can vary too.

Connecting your own AI tools. Customers can also use AI with Axial by connecting their own AI tools to Axial through Axial's MCP connector. When a Customer does this, the data those tools retrieve from Axial goes to the Customer's AI provider under the Customer's own agreement with it. The Customer, not Axial, controls that provider's terms, including whether the provider may use the data for training.

Axial's own models. Axial does not train or fine-tune its own AI models. We use models made available by AI providers, and we do not use one Customer's data to train AI models for the benefit of other Customers.

AI for developing and supporting our software. We also use AI tools, currently including Anthropic (Claude), OpenAI and GitHub Copilot, to develop, test, support and analyze our software and the Services. This work may involve processing Customer Data. We use paid business accounts for these tools, but we do not control how AI providers handle the data they receive.

Disclosure of information to third parties

We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.

We may also share Information:

• Integrations you choose. When a Customer connects a point-of-sale, payroll or other system, we exchange data with that system at the Customer's direction.
• Within your company. Information in a Customer's account is visible to that Customer's authorized users, based on the roles and permissions the Customer sets.
• With your consent. We share information for other purposes when you ask us to or agree to it.
• As described in the sections below, with service providers, for legal reasons, and in a business transfer.

We do not sell, rent or trade the information we have collected about you, including Personal Information, for money. We do not share your Business Information or Personal Information with third parties for those third parties' own direct marketing purposes unless you consent to such sharing at the time you provide such information. Our Website does use cookies and pixels from advertising and analytics partners, as described above, and some state laws treat that as "selling" or "sharing" personal information or as "targeted advertising." You can opt out on our Your Privacy Choices page. We do not use Customer Data for advertising.

When you agree to receive information from third parties

You may be presented with an opportunity to receive information and marketing offers directly from third parties. If you do agree to have your Business Information or Personal Information shared, such information will be disclosed to such third parties and all information you disclose will be subject to the privacy policy and practices of such third parties. We are not responsible for the privacy policies and practices of such third parties and, therefore, you should review the privacy policies and practices of such third parties prior to agreeing to receive such information from them. If you later decide that you no longer want to receive communication from a third party, you will need to contact that third party directly.

Third parties providing services on our behalf

We use third-party companies and individuals to facilitate our Website and Services and to provide or perform certain aspects of them on our behalf. These include, for example, providers of:

• cloud hosting, data storage and infrastructure (Microsoft Azure);
• website hosting and e-commerce (Shopify);
• payment processing (Stripe);
• customer support and our help center;
• email delivery, messaging and communications;
• customer relationship management (CRM) and marketing automation;
• analytics, performance monitoring, session replay and error tracking;
• advertising and ad measurement;
• AI models and AI features (Anthropic and OpenRouter);
• AI tools for software development, support and analysis (Anthropic, OpenAI and GitHub Copilot);
• security and fraud prevention; and
• professional services, such as accounting, legal and auditing.

We may provide vendors with access to user information, including Business Information, Personal Information and Customer Data, but only the information needed by the vendor to carry out the services they are performing for you or for us. Each of these vendors is obligated not to disclose or use Business Information, Personal Information or Customer Data for any other purpose.

Analytics, advertising and monitoring providers may set and access their own cookies, web beacons and embedded scripts on your Device, and they may otherwise collect or have access to information about you, including Usage Information and Device Identifiers. Their use of that information is governed by their own privacy policies.

Our help center at help.axialshift.com is hosted by a third-party provider. Information collected within the help center is governed by this Privacy Policy.

Legal reasons

We cooperate with government and law enforcement officials and private parties to enforce and comply with the law. Thus, we may access, use, preserve, transfer and disclose your Information (including Personal Information), including disclosure to third parties such as government or law enforcement officials or private parties as we reasonably determine is necessary and appropriate: (i) to satisfy any applicable law, regulation, subpoenas, governmental requests or legal process; (ii) to protect and/or defend the Terms of Service for online and mobile Services or other policies applicable to any online and mobile Services, including investigation of potential violations thereof; (iii) to protect the safety, rights, property or security of Axial, our Services or any third party; (iv) to protect the safety of the public for any reason; (v) to detect, prevent or otherwise address fraud, security or technical issues; or (vi) to prevent or stop activity we may consider to be, or to pose a risk of being, an illegal, unethical, or legally actionable activity. Further, we may use IP address or other Device Identifiers, to identify users, and may do so in cooperation with third parties such as copyright owners, internet service providers, wireless service providers or law enforcement agencies, including disclosing such information to third parties, all in our discretion. Such disclosures may be carried out without notice to you.

Business transfer

We may share your Information with our parent, subsidiaries and affiliates for internal reasons. We also reserve the right to disclose and transfer all such Information: (i) to a subsequent owner, co-owner or operator of the Services or applicable database; or (ii) in connection with a corporate merger, consolidation, restructuring, the sale of substantially all of our membership interests and/or assets or other corporate change, including, during the course of any due diligence process.

Your choices and rights

Account information. You can update most account information in the Services, or ask your administrator or our support team for help.

Marketing email. Use the unsubscribe link in any marketing email.

Cookies, analytics and targeted advertising. You can control cookies in your browser, opt out of Google Analytics with Google's browser add-on, and opt out of targeted advertising on our Your Privacy Choices page. Many ad networks also offer opt-outs through the Digital Advertising Alliance (optout.aboutads.info) and the Network Advertising Initiative (optout.networkadvertising.org). We treat a Global Privacy Control signal from your browser as an opt-out request for that browser. We do not respond to other "Do Not Track" signals.

State privacy rights. Depending on where you live, you may have the right to know what personal information we have about you, to get a copy of it, to correct it, to delete it, and to opt out of the sale or sharing of personal information or targeted advertising. We will not treat you differently for using these rights. To make a request, email support@axialshift.com. We will verify your request before acting on it, and an authorized agent may make a request for you. If we deny your request, you may appeal by replying to our decision.

If your request is about Customer Data, such as your records as an employee of one of our Customers, we will refer you to that Customer and help them respond.

How long we keep information

We keep account and contact information while your account is active and as long as we need it to provide the Services, comply with our legal obligations, resolve disputes and enforce our agreements.

We keep Customer Data for the term of the Customer's subscription, as described in our SaaS Agreement. Before a subscription ends, the Customer can export its data. When a Customer asks us in writing, and after a subscription ends, we delete or return Customer Data, except where we must keep it longer by law. Copies in routine backups are deleted as those backups cycle out.

We may keep aggregated or de-identified information that does not identify any person or Customer.

Security

We use administrative, technical and physical safeguards designed to protect information from loss and from unauthorized access, use, change and disclosure. Customer Data is hosted on Microsoft Azure. We encrypt data in transit and at rest and limit access to the people who need it to do their jobs.

You help protect your account by keeping your password private and telling us right away if you think someone else has used it.

No system is perfectly secure, so we can't guarantee the security of information sent to us. If a security incident affects your personal information, we will notify you as the law requires.

Children and minor employees

The Website and Services are for businesses and are not directed to children under 13. We do not knowingly collect personal information directly from children under 13. If you believe a child has given us personal information, contact us at support@axialshift.com and we will delete it.

Our Customers may employ people under 18 and include their work records, such as schedules and time punches, in Customer Data. We process that information only on the Customer's behalf and as described in this policy.

Where information is processed

Axial is based in the United States. We host Customer Data on Microsoft Azure in the United States. Some of our service providers, including AI providers and the model providers OpenRouter routes to, may process information in other countries. If you use the Website or Services from outside the United States, your information will be transferred to and processed in the United States.

Contact us

To ask questions about this Privacy Policy or our privacy practices, contact us at:

Axial Commerce, Inc. dba Axial Shift
Attn: Privacy
1404 Gruene Road
New Braunfels, TX 78130
support@axialshift.com
(510) 519-3988