Privacy Policy

 

1. What Information Do We Collect?
 
2.1. Visitor and User Information

We collect two types of information regarding our Visitors and Users:

  1. Un-identified and non-identifiable information pertaining to a Visitor or un-identified User, which may be made available to us, or collected automatically via his/her use of the Services (“Non-personal Information”). Such Non-personal Information does not enable us to identify the Visitor or User from whom it was collected. The Non-personal Information collected by us mainly consists of technical and aggregated usage information, such as Visitors’ and Users’ browsing and ‘click-stream’ activity on the Services, session heatmaps and scrolls, non-identifying information regarding the Visitor’s or User’s device, operating system, internet browser, screen resolution, language and keyboard settings, internet service provider, referring/exit pages, date/time stamps, etc.

  2. Individually identifiable information, namely information that identifies an individual or may with reasonable efforts cause the identification of an individual or may be of private or sensitive nature (“Personal Information”). The Personal Information collected by us mainly consists of contact details (e.g., e-mail address or phone number), billing details (name, physical billing address, payment method and transaction details), details regarding a browsing or usage session (IP address, Geo-location and/or device unique identifier).

 

We collect two types of information: Personal Information (which could be used to uniquely identify an individual) and Non-personal Information (which is non-identifying). We collect such information regarding our users and visitors.

3. How Do We Collect Such Information?
 

There are two main methods we use:

  1. We collect information through your use of the Services. In other words, when you are visiting or using our Services, including when you browse the Website. We collect and record such uses, sessions and related information, either independently or with the help of third-party services as detailed below, including through the use of “cookies” and other tracking technologies, as further detailed below.

  2. We collect information which you provide us voluntarily. For example, we collect the Personal Information you provide us when you register to our Services; when you sign-in to our Services via third party services such as Facebook or Google; when you place purchases and/or when you contact us directly.  

 

When you visit or use our website – you may also provide us with certain information (either automatically through your uses, or by manually submitting it).

 

4. Why Do We Collect Such Information?
 

We collect such Non-personal and Personal Information for the following purposes:

  1. To provide and operate the Services;

  2. To further develop, customize and improve our Services, based on Visitors’ and Users’ common or personal preferences, experiences and difficulties;

  3. To provide our Users with ongoing customer assistance;

  4. To be able to contact our Visitors and Users with general or personalized service-related notices and promotional messages (as further detailed below);

  5. To facilitate, sponsor and offer certain contests, events, and promotions, determine participants’ eligibility, monitor performance, contact winners and grant prizes and benefits; 

  6. To create aggregated statistical data and other aggregated and/or inferred Non-personal Information, which we or our business partners may use to provide and improve our respective services; 

  7. To enhance our data security and fraud prevention capabilities; and

  8. To comply with any applicable laws and regulations.

 

We collect and use information in order to provide our services and make them better.

 

We also collect and use information in order to contact our visitors & users, and in order to comply with the laws applicable to us.

 

5. Where Do We Store Your Information?
 

MamasitaNYC Visitors’ & MamasitaNYC Users’ Personal Information may be maintained, processed and stored by MamasitaNYC using WIX and their authorized affiliates and service providers in the United States of America, in Europe (including in Lithuania, Germany and the Ukraine), in Israel, and in other jurisdictions as necessary for the proper delivery of our Services and/or as may be required by law (as further explained below). 

 

Wix affiliates and service providers that store or process your Personal Information on MamasitaNYC's behalf are each committed to keeping it protected and secured, in accordance with industry standards and regardless of any lesser legal requirements which may apply in their jurisdiction.

 

5.1. 

Mamasitanyc.com is responsible for the processing of personal data it receives, under the Privacy Shield Framework, and subsequently transfers to a third party acting as an agent on its behalf. Mamasitanyc.com complies with the Privacy Shield Principles for all onward transfers of personal data from the EU, including the onward transfer liability provisions.

With respect to personal data received or transferred pursuant to the Privacy Shield Framework, Mamasitanyc.com is subject to the regulatory enforcement powers of the U.S. Federal Trade Commission (FTC). In certain situations, Mamasitanyc.com may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our U.S.-based third-party dispute resolution provider (free of charge) at https://feedback-form.truste.com/watchdog/request.  

Under certain conditions, more fully described on the Privacy Shield website [https://www.privacyshield.gov], you may invoke binding arbitration when other dispute resolution procedures have been exhausted.

Upon request, MamasitaNYC will provide you with information about whether we hold any of your personal information. You may access, correct, or request deletion of your personal information by contacting us at info@mamasitanyc.com We will respond to your request within a reasonable timeframe.

 

5.2. 

Data Localization Obligations: If you reside in a jurisdiction that imposes “data localization” or “data residency” obligations (i.e., requiring that Personal Information of its residents be kept within the territorial boundaries of such jurisdiction), and we become aware of that, we may maintain your Personal Information within such territorial boundaries, if we are legally obligated to do so. For example, if we learn that you reside in the Russian Federation, we may be required to maintain your Personal Information there, whether independently or with a local data storage and processing provider. You acknowledge and agree that while doing so, we may continue to collect, store and use your Personal Information elsewhere, including in the United States of America as explained above.

 

5.3. 

We may store and process Personal Information subject to this policy in the USA, Europe, Israel, or other jurisdictions, whether by ourselves or with the help of WIX's affiliates and service providers. MamasitaNYC data storage providers are committed to protect and secure your data. Among other things, MamasitaNYC adheres to EU – US & to the Swiss-US Privacy Shield Principles, for further protecting and enhancing our users’ privacy. Some jurisdictions require us to maintain and store their residents’ information locally. We may also collect, process, store and use such information elsewhere, including in the USA.

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6. Sharing Personal Information with Third Parties
 

MamasitaNYC may share your Personal Information with third parties (or otherwise allow them access to it) only in the following manners and instances:

 

6.1. Third Party Services:

MamasitaNYC has partnered with a number of selected service providers, whose services and solutions complement, facilitate and enhance our own. These include hosting and server co-location services, communications and content delivery networks (CDNs), data and cyber security services, billing and payment processing services, domain name registrars, fraud detection and prevention services, web analytics, e-mail distribution and monitoring services, session recording and remote access services, performance measurement data optimization and marketing services, content providers, and our legal and financial advisors (collectively, “Third Party Service(s)”).

 

Such Third Party Services may receive or otherwise have access to our Visitors’ and Users’ Personal Information and/or Users-of-Users’ Personal Information, in its entirety or in part – depending on each of their particular roles and purposes in facilitating and enhancing our Services and business, and may only use it for such purposes. 

Note that while our Services may contain links to other websites or services, we are not responsible for such websites’ or services’ privacy practices, and encourage you to be aware when you leave our Services and read the privacy statements of each and every website and service you visit. This Privacy Policy does not apply to such linked third-party websites and services.

 

MamasitaNYC is accountable for personal data that it receives under the Privacy Shield and subsequently transfers to a third party as described in the Privacy Shield Principles. In particular, MamasitaNYC remains responsible and liable under the Privacy Shield Principles if third-party agents that it engages to process the personal data on its behalf do so in a manner inconsistent with the Principles unless MamasitaNYC proves that it is not responsible for the event giving rise to the damage.

 

We may share the information of our visitors, and users with various third parties, including certain service providers, law enforcement officials, and application developers.

The information may be shared solely in accordance with this policy.

 

6.2. Law Enforcement, Legal Requests, and Duties:

MamasitaNYC may disclose or otherwise allow others access to your Personal Information pursuant to a legal request, such as a subpoena, legal proceedings, search warrant or court order, or in compliance with applicable laws, if we have a good faith belief that the law requires us to do so, with or without notice to you.

 

6.3. Protecting Rights and Safety:

MamasitaNYC may share your Personal Information with others if we believe in good faith that this will help protect the rights, property or personal safety of MamasitaNYC, any of our Users, or any member of the general public, with or without notice to you.

 

6.4. Social Media Features and Framed Pages:

Our Services include certain Social Media features and widgets, such as the “Facebook Connect” or “Google Sign-in” features, “Facebook Like” button, the “Share this” button or other interactive mini-programs (“Social Media Features”). These Social Media Features may collect information such as your IP address or which page you are visiting on our Website, and may set a cookie to enable them to function properly. Social Media Features are either hosted by a third party or hosted directly on our Services. Your interactions with these third parties are governed by their policies and not ours.

 

In addition, our Services may enable you to share your Personal Information with third parties directly, such as via page framing techniques to serve content to or from Third Party Services or other parties, while preserving the look and feel of our Website and Services (“Frames”). Please be aware that if you choose to interact or share any Personal Information via such Frames, you are in fact providing it to these third parties and not to us, and such interactions and sharing too are governed by such third parties’ policies and not ours.

 
6.6. WixHive API:

By installing certain Wix Apps and/or Third Party Apps, you also allow their respective provider to share and/or access certain Non-personal and Personal Information regarding you and/or your Users-of-Users, via the “WixHive” API. Such information includes, among others, contact details, messages, and certain activities on the Services and/or MamasitaNYC Website, which are stored and thereafter accessible. For further details regarding the Personal Information that may be collected and shared via the WixHive API, please see the Wix App Market Terms of Use

 

In order to further protect your privacy, WIX contractually prohibits all Third Party Developers from combining Personal Information collected across different User Websites and Services, and from sharing Users-of-Users’ Personal Information other than with other Apps installed on the same User Website or Services, for the purposes of such specific User Website or Services. Wix, however, may still access and use information collected and stored via the WixHive API across different User Websites and Apps, as necessary for providing and improving its Services. MamasitaNYC is solely responsible for notifying our Users and for obtaining their consent to the collection, processing, and use of their Personal Information via the WixHive API.

 

To prevent the collection or sharing of Personal Information via the WixHive API, we may either avoid installing Apps to our Website, revoke the permissions granted to Apps we do install, or simply uninstall them. You should note however those previously-installed Apps may still retain certain information that was collected prior to the revocation, so if you wish such information to be deleted, we suggest that you contact them directly and request them to do so.

 

6.7. Wix Subsidiaries and Affiliated Companies:

WIX may share Personal Information internally within their family of companies, for the purposes described in this Privacy Policy. For example, they may share your Personal Information with Wix.com Inc., their US-based subsidiary, in the course of facilitating and providing our users with our Services. In addition, should Wix or any of its affiliates undergo any change in control, including by means of a merger, acquisition or purchase of substantially all of its assets, your Personal Information may be shared with the parties involved in such event. If we have a good faith belief that such change in control might materially affect your Personal Information then stored with us, we will notify you via e-mail and/or a prominent notice on our Website of this event and certain choices you may have regarding your Personal Information. Sharing of Personal Information from Wix subsidiaries and affiliated companies in the European Union and Switzerland to Wix’ United States subsidiary adheres to the EU-US and Swiss-US Privacy Shield frameworks.

 

For the avoidance of doubt, Wix may share your Personal Information in manners other than as described above, pursuant to your explicit approval, or if we are legally obligated to do so. Moreover, Wix may transfer, share, disclose or otherwise use Non-personal Information in its sole discretion and without the need for further approval.

 

7. Use of Cookies and Other Tracking Technologies
 

MamasitaNYC, together with its marketing, analytics and technology partners, uses certain monitoring and tracking technologies (such as cookies, beacons, pixels, tags, and scripts). These technologies are used in order to maintain, provide and improve our Services on an ongoing basis, and in order to provide our Visitors, and Users with a better experience. For example, thanks to these technologies, we are able to maintain and keep track of our Visitor’s and Users’ preferences and authenticated sessions, to better secure our Services, to identify technical issues, user trends and effectiveness of campaigns, and to monitor and improve the overall performance of our Services.

 

Please note that Third Party Services placing cookies or utilizing other tracking technologies through our Services may have their own policies regarding how they collect and store information. Such practices are not covered by our Privacy Policy and we do not have any control over them. 

 

Cookies: In order for some of these technologies to work properly, a small data file (“cookie”) must be downloaded and stored on your device. By default, we use several persistent cookies for purposes of the session and user authentication, security, keeping the User’s preferences (e.g., regarding default language and settings), connection stability, monitoring performance of our services and marketing campaigns, and generally providing and improving our Services.

 

If you want to delete or block any cookies, please refer to the help and support area on your internet browser for instructions on how to locate the file or directory that stores cookies. Information on deleting or controlling cookies is also available at www.aboutcookie.org (note that this website is not provided by MamasitaNYC, and we, therefore, cannot ensure its accuracy, completeness or availability). Please note that deleting our cookies or disabling future cookies or tracking technologies may prevent you from accessing certain areas or features of our Services, or may otherwise adversely affect your user experience.

 

Flash and HTML5: We and certain Third Party Services may also employ certain tracking technologies known as “Flash cookies” and “HTML5”, mainly for advertising purposes. Various browsers may offer their own management tools for removing or blocking such technologies. Additional information about managing Flash cookies is available here.  (note that this website is not provided by MamasitaNYC, and we, therefore, cannot ensure its accuracy, completeness or availability).

 

Behavioral Targeting/Re-Targeting: Certain Third Party Services and ad networks may display advertising on our Website, or manage our advertising on other websites. Such parties may use certain tracking technologies to collect certain information about your activities on the Services and different third-party Services to provide you with targeted advertising based on your interests and preferences. You may opt-out of receiving targeted ads from certain advertisers and ad networks by clicking here (or if you are located in the European Union click here (provided by YourChoicesOnline.eu). Please note this does not opt you out of receiving any advertising.

User Data Supplementation: We may receive information about you from other sources, including publicly available databases or third parties from whom we have purchased data, and combine this data with information we already have about you.  This helps us to update, expand and analyze our records, identify new customers, and provide products and services that may be of interest to you.  If you provide us personal information about others, or if others give us your information, we will only use that information for the specific reason for which it was provided to us.

 

8. Communications from MamasitaNYC
 
8.1. Promotional Messages:

By subscribing to any Services (including to any of our newsletters, blogs, social media accounts or public events) and providing MamasitaNYC with your e-mail address or any other contact information (such as your phone number or social media handle), you expressly agree to receive promotional content, messages or calls from MamasitaNYC. Accordingly, MamasitaNYC shall be entitled to call you or send you promotional content or messages by e-mail, SMS, direct text messages, marketing calls and similar forms of communication. If you wish not to receive such promotional messages or calls, you may notify MamasitaNYC at any time or follow the “unsubscribe” or STOP instructions contained in the promotional communications you receive.

 

8.2. Service Messages:

MamasitaNYC may also contact you with important information regarding our Services, or your use thereof. 

For example, we may send you a notice (through any of the means available to us) if a certain Service is temporarily suspended for maintenance; reply to your e-mail; forward abuse complaints; or notify you of material changes in our Services. You will not be able to opt-out of receiving such Service Messages.

 

9. Accessing Your Personal Information
 

If you wish to access and/or request us to make corrections to the Personal Information that you have stored with us, or wish to request a list of what Personal Information (if any) pertaining to you we disclosed to third parties for direct marketing purposes, feel free to send us an e-mail to info@mamasitanyc.com or mail your request to Mamasita Bar & Grill, 818 10th Ave, New York, NY 10019, and we will respond within a reasonable timeframe and in accordance with any applicable law.

 

Note that you may also correct, update or remove certain parts of such Personal Information by yourself, or completely deactivate your User Website settings.

 

10. Data Retention
 

We may retain your Personal Information for as long as needed to provide you with our Services.

We may continue to retain such Personal Information to comply with our legal obligations, to resolve disputes regarding our Users, prevent fraud and abuse, enforce our agreements and/or protect our legitimate interests.

 

11. Security
 

MamasitaNYC has implemented security measures designed to protect the Personal Information you share with us, including physical, electronic and procedural measures. Among other things, we offer HTTPS secure access to most areas on our Services; the transmission of sensitive payment information (such as a credit card number) through our designated purchase forms is protected by an industry standard SSL/TLS encrypted connection; and we regularly maintain a PCI DSS (Payment Card Industry Data Security Standards) certification. We also regularly monitor our systems for possible vulnerabilities and attacks and regularly seek new ways and Third Party Services for further enhancing the security of our Services and protection of our Visitors’ and Users’ privacy. 

However – regardless of the measures and efforts taken by Mamasitanyc, we cannot and do not guarantee the absolute protection and security of your Personal Information, or any other User Content you upload, publish or otherwise share with MamasitaNYC or anyone else.

 

We, therefore, encourage you to set strong passwords for your User Account and avoid providing us with any sensitive information which you believe its disclosure could cause you substantial or irreparable harm. Furthermore, because certain areas on our Services are less secure than others (for example, if you set your Support forum ticket to be “Public” instead of “Private”, or if you browse to a non-SSL page), and since e-mail and instant messaging are not recognized as secure forms of communications, we request and encourage you not to share any Personal Information on any of these areas or via any of these methods. 

 

If you have any questions regarding the security of our Services, you are more than welcome to contact us at info@mamasitanyc.com

 

12. Terms of Use, Updates, and Interpretation
 

Your use of our Services and any disputes arising from it, is subject to this Privacy Policy as well as our Terms of Use and all of its general provisions including the disclaimer of warranty, limitation of liability and indemnity. 

 

This Privacy Policy, its interpretation, and any claims and disputes related hereto, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of the State of New York, without respect to its conflict of laws principles. Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by, a court of competent jurisdiction located in New York, NY.

 

We may update this Privacy Policy to reflect changes to our information collection, usage, and storage practices. If we make any changes that we deem as “material” (in our sole good faith discretion), we will notify you (in of the notification methods set forth) prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices. Except if and as stated otherwise, our most current Privacy Policy applies to all information that we have about you, with respect to our Website.

 

This Privacy Policy was written in English and may be translated into other languages for your convenience. You may access and view other language versions by changing your language settings. If a translated (non-English) version of this Privacy Policy conflicts in any way with its English version, the provisions of the English version shall prevail.

 

Contacting Us 

 

Mamasitanyc.com

818 10th Ave, New York, NY 10019

Info@mamasitanyc.com

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