Last updated on April 13, 2020
We may collect information from you, including your name, postal address, e-mail address, telephone number, cell phone number, IP address, date of birth, age, gender, payment information, social media account information, referring site, and other technical information.
- Important information about eGifter, our offerings, and OperationMainStreet.com
- Information we collect when you visit our websites or mobile apps
- Information we collect when you contact us
- Information we collect when you interact with our Services
- Links to Other Websites
- Disclosure and additional uses of your information
- How long we retain your information
- How we secure your information
- Your rights in relation to your information
- Sensitive Personal Information
- Children’s Privacy
- Your California Privacy Rights
1. Important information about eGifter, our offerings and OperationMainStreet.com
The data controller in respect of our services is eGifter, located in the United States. You can contact the data controller by sending an email to [email protected]
BY USING OUR SERVICES, YOU CONSENT TO THE COLLECTION, TRANSFER, STORAGE AND USE OF YOUR PERSONAL INFORMATION FOR PROCESSING IN THE UNITED STATES.
2. Information we collect when you visit our websites or mobile apps
We collect and use information from users of our Services in accordance with this section and the section entitled Disclosure and additional uses of your information.
Web server log information
We use cloud-based providers to host the servers and provide infrastructure components and software used by our Services. Our servers automatically log the IP address you use to access our Services as well as other information about your visit such as the pages accessed, information or products requested, the date and time of the request, the source of your access to our Services (e.g. the website URL (link) which referred you to our Services), and other information regarding your visit and interactions with our Services.
Use of website server log information for IT security purposes
We collect and store server logs to ensure network and IT security and so that the server and the Services remain uncompromised. This includes analyzing log files to help identify and prevent unauthorized access to our network, the distribution of malicious code, denial of services attacks and other cyber attacks, by detecting unusual or suspicious activity.
Unless we are investigating suspicious or potential criminal activity, we do not make any attempt to identify you from the information collected via server logs.
Use of website server log information to analyze website use and improve our website
We use the information collected by our server logs to analyze how our users interact with our Services and their features. For example, we analyze the number of visits and unique visitors we receive, the time and date of the visit, the location of the visit and the operating system and browser used.
We use the information gathered from the analysis of this information to improve our Services. For example, we use the information gathered to change the information, content and structure of our Services and individual website pages according to what users are engaging most with and the duration of time spent on particular areas of our Services.
Cookies and Tracking Technologies
Cookies are data files which are sent from a website to a browser to record information about users for various purposes. We may use session cookies, which terminate when a user closes their browser, and/or persistent cookies, which remain on the user's computer until manually deleted.
You can reject some or all of the cookies we use on or via our Services by changing your browser settings or by using a cookie control tool, but doing so can impair your ability to use our Services or some or all of its features.
Use of web beacons and similar technologies in emails
We use technologies such as web beacons (small graphic files) and other related technologies in the emails we send to allow us to assess the level of engagement our emails receive by measuring information such as the delivery rates, open rates and click through rates which our emails achieve.
3. Information we collect when you contact us
We collect and use information from individuals who contact us in accordance with this section and the section entitled Disclosure and additional uses of your information.
When you send an email to the email address displayed on our website or one of our other email addresses, we collect your email address and any other information you provide in that email (such as your name, telephone number and the information contained in any signature block in your email).
Contact and/or support form
When you contact us using our contact or support form, we may collect your information, such as your name, email address, and phone number. We also collect any other information you provide to us when you complete the form.
If you do not provide the mandatory information required by our forms, you will not be able to submit the contact or support form and we will not receive your request.
When you contact us by phone, we collect your phone number and any information provided to us during your conversation with us. While we do not record phone calls as a normal course of business, we may record certain calls for quality assurance or training purposes and notify you of such. You may also leave a voicemail message with your information that is digitally recorded and stored in our phone and/or support systems. If the voicemail is received as a result of a support request, the voicemail is saved with that request.
If you contact us by mail, we will collect any information you provide to us in any postal communications you send us.
4. Information we collect when you interact with our Services
We collect and use information from individuals who interact with particular features of our website in accordance with this section and the section entitled Disclosure and additional uses of your information.
Registering on Our Site
When you fill out and submit online forms on our Site, we collect the following information: name, email address and any other information you provide to us when you complete the registration form, including any optional information, such as phone number or mailing address.
If you do not provide the mandatory information required by the registration form, you will not be able to register a business or location on our site.
We also collect optional information from you, such as your mobile phone number or Facebook address.
5. Links to Other Websites
Our Services contain links to other websites or services that are not owned or controlled by OperationMainStreet.com or eGifter, including links to websites of restaurants and restaurant affiliates, our group companies, and other business partners. This Policy only applies to information collected by our Services. We do not have any control over these third party websites, and your use of third party websites and features therein are subject to privacy policies posted on the respective websites. We are not responsible or liable for the privacy or business practices of any third party websites linked to our Services. Your use of third parties' websites linked to in our Site is at your own risk, so we encourage you to read the privacy policies of any linked third party websites when you leave one of our Sites.
6. Disclosure and additional uses of your information
This section sets out the circumstances in which we will disclose information about you to third parties and any additional purposes for which we use your information.
Disclosure of your information to service providers
We use a number of third parties to provide us with services which are necessary to run our business or to assist us with running our business and who may process your information for us on our behalf. These include the following:
- Email providers
- Telephone service providers
- IT service providers
- Cloud service providers
- Fraud detection and analytics providers
- Security monitoring and analysis providers
Our third-party service providers are located in the United States.
Your information will be shared with these service providers where necessary to provide you with the service you have requested, whether that is accessing our website or ordering goods and services from us.
We do not display the identities of our service providers publicly by name for security and competitive reasons. If you would like further information about the identities of our service providers, however, please contact us directly by email to [email protected] and we will provide you with such information where you have a legitimate reason for requesting it.
Disclosure of your information to other third parties
We may share your information with third parties, which are either related to or associated with the running of our business, where it is necessary for us to do so. These third parties include our accountants, advisors, affiliates, business partners, independent contractors, and insurers.
Further information on each of these third parties is set out below.
Occasionally, we obtain advice from advisors, such as accountants, financial advisors and lawyers. We will share your information with these third parties only where it is necessary to enable these third parties to be able to provide us with the relevant advice.
Business partners are businesses we work with which allow us to provide goods or services which we could not provide on our own. We share information with our business partners where you have requested services which they provide in connection with our own services.
We use independent contractors in our business. Your information will be shared with independent contractors subject to confidentiality requirements and only where it is necessary for them to perform the function we have hired them to perform in relation to our business.
We will share your information with our insurers where it is necessary to do so, for example in relation to a claim or potential claim we receive or make or under our general disclosure obligations under our insurance contract with them.
We do not display the identities of the third parties we may share information with by name for security and competitive reasons. If you would like further information about the identities of such third parties, however, please contact us directly by email at [email protected] and we will provide you with such information where you have a legitimate reason for requesting it.
Disclosure and use of your information for legal reasons
Indicating possible criminal acts or threats to public security to a competent authority
If we suspect that criminal or potential criminal conduct has occurred, we will in certain circumstances need to contact an appropriate authority, such as the police. This could be the case, for instance, if we suspect that fraud or a cyber crime has been committed or if we receive threats or malicious communications towards us or third parties.
We will generally only need to process your information for this purpose if you were involved or affected by such an incident in some way.
In connection with the enforcement or potential enforcement our legal rights
We will use your information in connection with the enforcement or potential enforcement of our legal rights, including, for example, sharing information with debt collection agencies if you do not pay amounts owed to us when you are contractually obliged to do so. Our legal rights may be contractual (where we have entered into a contract with you) or non-contractual (such as legal rights that we have under copyright law or tort law).
In connection with a legal or potential legal dispute or proceedings
We may need to use your information if we are involved in a dispute with you or a third party for example, either to resolve the dispute or as part of any mediation, arbitration or court resolution or similar process.
For ongoing compliance with laws, regulations and other legal requirements
We will use and process your information in order to comply with legal obligations to which we are subject. For example, we may need to disclose your information pursuant to a court order or subpoena if we receive one or in connection with suspected or potential money laundering matters.
7. How long we retain your information
We will retain your information for as long as your account is active, your information is needed to provide you services or fulfill your orders, or as required to fulfill our legal obligations. If you wish to delete your account or request that we no longer use your information to provide you services, contact us at [email protected] We will respond to your request within 30 days provided that we can verify the request and your authority to make such a request. We will retain and use your information as necessary to fulfill our obligations and agreements, resolve disputes and comply with our legal obligations.
8. How we secure your information
We take appropriate technical and organizational measures to secure your information and to protect it against unauthorized or unlawful use and accidental loss or destruction, including:
- only sharing and providing access to your information to the minimum extent necessary, subject to confidentiality restrictions where appropriate, and on an anonymized basis wherever possible;
- using secure servers to store your information;
- verifying the identity of any individual who requests access to information prior to granting them access to information;
- using Secure Sockets Layer (SSL) software to encrypt any information you submit to us via any forms on our Services and any payment transactions you make on or via our Services; and
- only transferring your information via closed system or encrypted data transfers
Transmission of information to us by email
Transmission of information over the internet is not entirely secure, and if you submit any information to us over the internet (whether by email, via our website or any other means), you do so entirely at your own risk.
We cannot be responsible for any costs, expenses, loss of profits, harm to reputation, damages, liabilities or any other form of loss or damage suffered by you as a result of your decision to transmit information to us by such means.
9. Your rights in relation to your information
Under certain circumstances and subject to limitations on certain rights, you have the following rights in relation to your information, which you can exercise by sending an email to [email protected]:
- to request access to your information and information related to our use and processing of your information;
- to request the correction or deletion of your information, where we are required to erase, based upon your verified request, your personal information to comply with local law;
- to request that we restrict our use of your information;
- to receive, where it is possible, information which you have provided to us in a structured, commonly used and machine-readable format and the right to have that information transferred to another data controller (including a third-party data controller);
- to object to the processing of your information for certain purposes where you feel it impacts your fundamental rights and freedoms, including for direct marketing purposes. As it pertains to direct marketing, you may opt out by clicking an unsubscribe link contained at the bottom of any marketing email we send to you and following the instructions which appear in your browser following your clicking on that link; and
- to withdraw your consent to our use of your information at any time where we rely on your consent to use or process that information. Please note that if you withdraw your consent, this will not affect the lawfulness of our use and processing of your information on the basis of your consent before the point in time when you withdraw your consent.
- the right not to be subject to a decision based solely on automated processing, including profiling which produces legal affects concerning you or similarly significantly affects you
Verifying your identity where you request access to your information
Where you request access to your information, we are required by law to use all reasonable measures to verify your identity before doing so.
These measures are designed to protect your information and to reduce the risk of identity fraud, identity theft or general unauthorized access to your information.
How we verify your identity
Where we possess appropriate information about you on file, we will attempt to verify your identity using that information.
If it is not possible to identify you from such information, or if we have insufficient information about you, we may require original or certified copies of certain documentation in order to be able to verify your identity before we are able to provide you with access to your information.
We will be able to confirm the precise information we require to verify your identity in your specific circumstances if and when you make such a request.
10. Sensitive Personal Information
"Sensitive personal information" is information about an individual that reveals their racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, genetic information, information concerning health or information concerning a natural person’s sex life or sexual orientation.
We do not knowingly or intentionally collect sensitive personal information from individuals, and you must not submit sensitive personal information to us.
We will provide information about the change in question and any other relevant information before we use your information for that new purpose.
Wherever required, we will obtain your prior consent before using your information for a purpose that is different from the purposes for which we originally collected it.
12. Children’s Privacy
Because we care about the safety and privacy of children online, we comply with the Children’s Online Privacy Protection Act of 1998 (COPPA). COPPA and its accompanying regulations protect the privacy of children using the internet. We do not knowingly contact or collect information from persons under the age of 18. The Services are not intended to solicit information of any kind from persons under the age of 18.
It is possible that we could receive information pertaining to persons under the age of 18 by the fraud or deception of a third party. If we are notified of this, as soon as we verify the information, we will, where required by law to do so, immediately obtain the appropriate parental consent to use that information or, if we are unable to obtain such parental consent, we will delete the information from our servers. If you would like to notify us of our receipt of information about persons under the age of 18, please do so by sending an email to [email protected]
13. Your California Privacy Rights
“Do Not Track” is a privacy preference that users can set in their web browsers. When a user turns on a Do Not Track signal in their browser, the browser sends a message to websites requesting that they do not track the user.
Certain technologies that we deploy respond to Do Not Track browser settings or signals. In addition, we use other technology that is standard to the internet, such as pixel tags, web beacons, and other similar technologies, to track visitors to the website. Those tools may be used by us and by third parties to collect information about you and your internet activity, even if you have turned on the Do Not Track signal.
California Civil Code Section 1798.83 permits users of the Site who are California residents to request certain information regarding eGifter's disclosure of personal information to third parties for such third parties' direct marketing purposes. To make such a request, please write to eGifter, Inc. 315 Main Street 2nd Floor, Huntington, NY 11743.