Last updated: March 1, 2023
For purposes of this Agreement, “Services” refers to the Company’s services, including our websites any other services provided by the Company. The terms “we,” “us,” and “our” refer to the Company. “You” refers to you, as a user of the Services.
Information Collection and Use
We collect information about you in various ways, and this information may include Personal Information. “Personal Information” means information that can be used to identify you as an individual person. We collect several categories of information through our Services, including information you provide, information collected automatically from your device, and information we may obtain from third party sources. We use and share this Personal Information for the purposes described below, including as described under the section Additional Uses of Personal Information. We also may be required to collect certain Personal Information by law or due to a contractual relationship we have with you, and failure to provide this information may prevent or delay the fulfillment of our obligations.
Information You Provide to Us. We collect Personal Information you provide through use of the Services, such as your name, address, email address, phone number, preferences and other interests, payment card information, purchase details and other transaction information, as well as any other such information you choose to provide on our website forms. We collect this information to administer your account and the Services, authenticate you as a user, communicate with you, to better understand and analyze our customer population, support our operations and management, deliver relevant offers and otherwise personalize your experience, improve our products and services (including the Services), process purchases you make online and to deliver purchased services.
Information Collected Automatically. We also gather certain information automatically when you use our Services, which may include Personal Information and which we may combine with other Personal Information. For example, we may collect:
- Log Files: These log files include information such as IP addresses, browser type, internet service provider, referring/exit pages, operating system or device type, the time and date of access, and clickstream data
- Location Information: When you use our Services, we may collect information such as latitude and longitude, date and time.
- Cookies are files, often including unique identifiers, that are sent by web servers to web browsers, and which may then be sent back to the server each time the browser requests a page from the server. Cookies can be used by web servers to identity and track users as they navigate different pages on a website, and to identify users returning to a website.
- Cookies may be either “persistent” cookies or “session” cookies. A persistent cookie consists of a text file sent by a web server to a web browser, which will be stored by the browser and will remain valid until its set expiry date (unless deleted by the user before the expiry date). A session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.
Information collected automatically may be used to offer you certain location-based services, conduct analytics to improve our Services, manage our Services and messages, collect and track information about you and your activities online over time and across different websites and channels, maintain the security of our Services, detect fraud, and protect our rights.
Information We Obtain from Third Party Sources. We may obtain certain Personal Information about you from third party sources, such as from:
- Business Partners and Service Providers: We use business partners and service providers, such as payment processors and analytics providers, to perform services on our behalf. We use this information to administer Services and conduct marketing and advertising campaigns, as well as to process transactions that you request.
- Supplemental Information: We may receive additional Personal Information from third-party sources, such as credit reference agencies and public databases, which we may append to existing consumer information. We may use this supplemental information to process transactions that you request and to prevent fraud, deliver relevant offers and advertising to you and to improve our operations, Services, and our advertising and marketing campaigns.
Additional Uses of Personal Information. In addition to the uses described above, we may use your Personal Information for the following purposes:
- Operating our business, administering the Services and managing your accounts;
- Contacting you to respond to your requests or inquiries.
- Processing and completing your transactions including, as applicable, order confirmation, processing payments for online purchase and delivering products or services;
- Providing you with newsletters, articles, product or service alerts or announcements, savings awards, event invitations, and other information that we believe may be of interest to you;
- Providing you with coupons, promotional offers, and other information that are personally tailored to your interests and purchase behavior, analyzing your interactions with us, and improving our products and services;
- Conducting market research, surveys, and similar inquiries to help us understand trends and customer needs; and
Retention of Information
How We Share and Disclose Personal Information
We may share your Personal Information as follows:
- with third-party service providers, vendors, or other consultants who perform services on our behalf or for your benefit, such as for payment processing, marketing, analytics, optimizing our services or verifying data;
- with our business partners for the purpose of administering programs and services;
- with legal or governmental regulatory authorities as required by applicable law, or to third parties as required by applicable law in connection with claims, disputes or litigation, when otherwise required by applicable law, or if we determine that disclosure is necessary to protect the health and safety of you or us, or to enforce our legal rights or contractual commitments that you have made;
- in connection with, or during a negotiation of, any merger, acquisition, joint venture, or financing or sale of company assets, and could be transferred to a third party as one of the business assets in such a transaction, or in the event of insolvency, bankruptcy or receivership; or
- with your consent or at your reasonable direction.
We may also share aggregated or de-identified information, which cannot reasonably be used to identify you.
Legal Bases for Processing
We rely on separate and overlapping bases to process your Personal Information lawfully. It may be necessary for us to process your Personal Information in order to process transactions requested by you or meet our contractual obligations, to comply with legal or regulatory obligations, or to further our legitimate interests (as described below) if those interests are not overridden by your rights and interests. We may, under certain circumstances, also process your Personal Information based on your consent. We rely on several legitimate interests in using and sharing your Personal Information, which include:
- improving and customizing the Services for you;
- understanding how the Services are being used;
- obtaining insights into usage patterns of the Services;
- exploring ways to develop and grow our business;
- ensuring the safety and security of the Services; and
- enhancing protection against fraud, spam, harassment, intellectual property infringement, crime and security risks.
We process all Personal Information in line with your rights, in each case to the extent required by and in accordance with applicable law.
Marketing and Promotional Communications. You may opt-out of receiving promotional messages from us by following the unsubscribe instructions provided in each promotional message. Please allow up to 10 days for your opt-out to take effect. If you opt out, we may still send you non-promotional messages, such as emails about your accounts or our ongoing business relations.
Cookies. Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove cookies or reject cookies. If you choose to remove cookies or reject cookies, this could affect certain features or services of the Services.
Opt-out of Information Sharing. To opt out of having us share your Personal Information with third parties for their own business purposes, including to market products and services to you, please contact us as set forth below. Please allow for 10 days for such requests to become effective.
To submit a request, please contact us as set forth below.
You may also have a right to withdraw your consent to our processing of your Personal Information, where our processing is solely based on your consent. If you withdraw your consent, we may not be able to provide you the Services for which the processing based on your consent were necessary.
You also have the right to lodge a complaint with your national data protection authority.
California Privacy Rights. Under California Law, California residents have the right to request in writing from businesses with whom they have an established business relationship: (i) a list of the categories of Personal Information that business has disclosed to third parties (including affiliates that are separate legal entities) during the immediately preceding calendar year for the third parties’ direct marketing purposes and (ii) the names and addresses of all such third parties. To request the above information, please contact us as set forth below.
Security of Information
We have implemented commercially reasonable security measures designed to protect your information from unauthorized access. We have implemented commercially reasonable technological security measures including encryption, firewalls and secure socket layer technology. However, these measures do not guarantee that your information will not be accessed, disclosed, altered or destroyed by breach of such firewalls and secure server software. By using our Service, you acknowledge that you understand and agree to assume these risks.
Links to Other Sites
We are committed to protecting the privacy of children. Our Services are not directed to, and we do not intend to or knowingly collect or solicit Personal Information online from children under the age of 18. If you are under the age of 18, do not provide us with any Personal Information.
All content, trademarks, service marks, trade dress, icons, logos, graphics, designs and other materials (collectively “Content”), available on this website are owned exclusively by Max & Louie’s New York Diner and/or its licensors and subsidiaries and are protected by applicable United States copyright, trademark and other intellectual property laws. Nothing on the website should be construed as granting a license or right to use the Content without prior written permission from Max & Louie’s New York Diner or its appropriate licensor.