Privacy policy

This Privacy Policy applies to all websites and mobile applications (each a “Site”) operated by Eugene’s Restaurants, Inc. (“Eugene’s”, “we”, and “us”). This Privacy Policy describes how we use, store, and disclose information that we obtain about you through our Sites, including information that we obtain through any promotional program or other service that we provide (in whole or in part) through any of our Sites, such as the Eugene’s Premier Rewards Program. Please read this information carefully before accessing any of our Sites. By accessing any of our Sites, you agree to the terms of this Privacy Policy. For ease of reference, you may click on any of the following links to jump to one of the topics addressed in this Privacy Policy: Information Collected About You We collect information about you in a variety of ways through our Sites. Use and Retention of the Information About You Eugene’s and our affiliates may use information collected about you through our Sites for a variety of commercial purposes. Without limitation, we may use such information to: We keep the information about you collected through our Sites in compliance with applicable laws and regulations and until we no longer have a business need for retaining it. Disclosure of the Information About You We may disclose any of the information about you collected through our Sites to unaffiliated third parties in any or all of the following circumstances: Do Not Track Signals At this time, our Sites do not support “Do Not Track” preferences that may be available in your browser for letting websites know that you do not want them collecting certain kinds of information. If you turn on the “Do Not Track” setting on your browser, our Sites are not currently capable of following whatever Do Not Track preferences you set. For more information about Do Not Track, visit donottrack.us. Children Our Sites are not designed to appeal to persons under 13 years old (“children”). We do not knowingly collect or maintain personal information from children through our Sites, except for persistent identifiers that may be collected through children’s sections of our Sites which (as permitted by applicable law) we will use solely to support the internal operations of the Sites. If we learn that any unauthorized personal information of a child has been collected, we will take appropriate steps to delete such information. If you are a parent or guardian and discover that your child has provided any such personal information to us, then you may contact us at the email or mailing address noted at the end of this Privacy Policy below and request that we delete that information from our systems. Notices to California Residents Your California Privacy Rights Please note that we may share information collected about you with our affiliates and other third parties for their direct marketing purposes. Under California law, a California resident with whom we have an established relationship has the right to request certain information with respect to the types of personal information that we have shared with third parties for these purposes, and the identities of those third parties, within the immediately preceding calendar year, subject to certain exceptions. All requests for such information must be in writing and sent to us at legal@eugenesdiner.com California Consumer Privacy Act Rights As of January 1, 2020 verified California residents will have the right to: For purposes of the CCPA personal information means information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular California resident or household. In order to make a request for disclosure California residents may contact us by calling us toll-free at 1-833-280-0707  or by visiting our CCPA Request Page here. We will ask you for information that allows us to reasonably verify your identity (that you are the person about whom we collected personal information) and will use that information only for that purpose. We may request that you submit a signed statement under penalty of perjury that you are the individual you claim to be.  We will acknowledge receipt of your request within 10 days and will endeavor to respond within forty-five days of receipt of your request, but if we require more time (up to an additional forty-five days) we will notify you of our need for additional time. For requests that we not sell your information we will comply with your request within 15 days. We cannot respond to your request or provide you with personal information if we cannot verify your identity and confirm that the personal information relates to you. You may make a request for disclosure of our information collection practices, the information we collected about you, or our sharing practices up to twice within a 12-month period.  You may make a request that we not sell information or for deletion of your information at any time. For requests for a copy of the personal information we have collected during the 12 months prior to your request we will endeavor to provide the information in a format that is readily useable, including by mailing you a paper copy or providing an electronic copy to your registered account, if you have registered an account with us. For requests for deletion of your information please understand that California law permits us to retain certain information and not to delete it under certain circumstances.  By way of example, we are not required to comply with a request to delete information if the information is necessary for us to complete a transaction for you or otherwise perform a contract; to detect, protect against, or prosecute security incidents, fraud or illegal activity; to use the information only internally in ways reasonably aligned with your expectations as our customer (such as maintaining sales records), and to comply with legal obligations. If we receive such a request from you we will notify any service providers we have engaged to delete your information as well. We will not discriminate against you as a result of your exercise of any of these rights. We do not sell your information for monetary consideration but we may transfer your information to a third party that provide us with services such as helping us with advertising, data analysis and security, which may fall under the definition of for “other valuable consideration” which may be considered a ‘sale’ under the CCPA. During the past 12 months we disclosed Identifiers, Electronic Network Activity with third party advertising, security and data analysis providers for a business purpose which falls within the definition of a ‘sale’.  If you are a California resident over the age of 16 and would like to instruct us not to sell your personal information, please visit our Do-Not-Sell web page here. We do not sell personal information of individuals we actually know are less than 16 years of age. If you request that we not sell your information we will honor your request within 15 days, will notify those who received your information in the 90 days before your request to not further sell your information and will notify you wen this has been completed. Once we receive your Do-Not-Sell request we will wait at least 12 months before asking you to reauthorize personal information sales. Using an Authorized Agent. You may submit a request through someone holding a formal Power of Attorney.  Otherwise, you may submit a request using an authorized agent only if (1) you provide the authorized agent with written permission to make a request and (2) you verify your own identity directly with us.  We will require the agent to submit proof to us that they have been authorized to make requests on your behalf. During the past 12 months, we have collected the following categories of information from the listed sources, used it for the listed business purposes and shared it with the listed categories of third parties.  The categories of information include information we collect from our website visitors, registered users, employees, vendors, suppliers and any other person that interacts with us either online or offline. Not all information is collected about all individuals. For instance, we may collect different information from applicants for employment or from vendors or from customers.
Category of Information collected Source Business purposes* for use Categories of third parties receiving information
Identifiers, such as name, Email address, phone number, account, profile, device information, and IP address. Individuals submitting information to us; information we automatically collect from site/app visitors; Information we may receive from third-party marketing and data partners. Auditing relating to transactions; security detection, protection and enforcement; functionality debugging/error repair; ad customization; performing services for you; internal research and development; quality control. Service providers (such as payment processors, marketing partners, employee benefits partners); affiliated companies; government regulators; law enforcement; strategically aligned businesses.
Sensitive Information , such as user name and password and payment card  or financial account information.  NOTE:  Eugene’s stores passwords in an encrypted format and does not have the ability to decrypt. Individuals submitting information to us; employment applications; employees. Auditing relating to transactions; security detection, protection and enforcement; functionality debugging/error repair; performing services for you. Service providers (such as payment/payroll processors, accounting and legal professionals, employee benefits partners)
Protected classification information, such as race, gender, ethnicity, religion. Individuals submitting employment applications. legal. antidiscrimination and regulatory compliance. Government regulators when lawfully requested.
Commercial information, such as transaction history, products/services purchased, obtained or considered, product preference. Individuals submitting information; information we automatically collect from site/app visitors; information we may receive from third-party marketing or data partners. Auditing relating to transactions; security detection, protection and enforcement; functionality debugging/error repair; ad/product customization; performing services to you; internal research and development; quality control. Service providers (such as payment processors, marketing partners, employee benefits partners), affiliated companies, government regulators, law enforcement, strategically aligned businesses,
Electronic network activity, such as interactions with our website, mobile application, or advertisements. Information automatically collected from site/app/ad visitors. Auditing relating to transactions; security detection, protection and enforcement; functionality debugging/error repair; ad customization; performing services for you; internal research and development; quality control. Service providers (such as payment processors, marketing partners, employee benefits partners); affiliated companies; government regulators; law enforcement; strategically aligned businesses.
Audio, video or similar information (customer service calls, security monitoring) Individuals submitting information; Information we collect for security purposes. Auditing relating to transactions; security detection, protection and enforcement; performing services for you; quality control. Affiliated companies; government regulators; law enforcement; strategically aligned businesses.
Biometrics Not Collected. Not Collected. Not Shared.
Geolocation Information we automatically collect from site/app visitors. Auditing relating to transactions; security detection, protection and enforcement; functionality debugging/error repair; ad customization; performing services for you; internal research and development; quality control. Service providers (such as payment processors, marketing partners, employee benefits partners); affiliated companies; government regulators; law enforcement when lawfully requested; strategically aligned businesses.
Professional, educational or employment related information Information submitted by individuals; information received from third parties in connection with vendor or employment status or applications; Information we observe in connection with vendor or employment oversight. Auditing relating to transactions; security detection, protection and enforcement; ad customization; performing services for you; internal research and development; quality control. Service providers (such as payment processors, marketing partners, employee benefits partners); affiliated companies; government regulators; law enforcement; strategically aligned businesses;
Inference from the above (preferences, characteristics, behavior, attitudes, abilities, etc.) Internal analytics Auditing relating to transactions; security detection, protection and enforcement; functionality debugging/error repair; ad customization; performing services for you; internal research and development; quality control. Service providers (such as payment processors, mail houses, marketing partners, shipping partners, employee benefits partners); affiliated companies; government regulators; law enforcement; strategically aligned businesses;
*More specifically, the business purposes include:
  1. Performing services for you:
    • To administer or otherwise carry out our obligations in relation to any agreement to which we are a party;
    • To assist you in completing a transaction or order;
    • To assist you in completing a transaction or order;
    • To allow tracking of shipments;
    • To prepare and process invoices;
    • To respond to queries or requests and to provide services and support;
    • To provide aftersales customer relationship management;
    • To create and manage our customer accounts;
    • To notify you about changes to our services and products;
    • To administer any promotion, contest, survey, or competition;
    • To provide you information regarding our products and services,
    • To offer our products and services to you in a personalized way, for example, we may provide suggestions based on your previous requests to enable you to identify suitable products and services more quickly.
  2. Advertising customization:
    • For marketing and promotions we believe you may find of interest and to provide you, or allow selected third parties to provide you, with information about products and services that may interest you.
  3. Auditing relating to transactions, internal research and development:
    • To provide for internal business administration and operations, including troubleshooting, Site customization, enhancement or development, testing, research, administration and operation of our Sites and data analytics;
    • To create products or services that may meet your needs;
    • To measure performance of marketing initiatives, ads, and websites “powered by” another company on our behalf.
  4. Security detection, protection and enforcement; functionality debugging, error repair:
    • As part of our efforts to keep our Sites safe and secure;
    • To ensure the security of your account and our business, preventing or detecting fraud, malicious activity or abuses of our Sites, for example, by requesting verification information in order to reset your account password (if applicable);
    • To ensure the physical security of our premises through the monitoring of surveillance images;
    • To resolve disputes, to protect the rights, safety and interests ourselves, our users or others, and to comply with our legal obligations.
  5. Quality control:
    • To monitor quality control and ensure compliance with our legal obligations, codes and ordinances, policies and procedures,
    • To Develop and improve our products and services, for example, by reviewing visits to the Sites and various subpages, demand for specific products and services and user comments.
Links to Third-Party Sites There may be links on our Sites that will take you to third-party sites. Please be aware that we do not control any such third-party sites, and we are not responsible for the contents of any third-party site or any link contained in such a site. The inclusion of any link on one of our Sites does not imply endorsement of the third-party site. The use and privacy practices of the operator of any third-party site as to any information you provide is in no way subject to this Privacy Policy. Each third-party site may have its own policy that could differ considerably from our Privacy Policy, or the third-party site may not display any privacy policy at all. Security Procedures We use reasonable technical, administrative and physical measures to protect information contained in our systems against misuse, loss or alteration. We use encryption technology to protect all information being transferred to our site and additional encryption technology to protect sensitive information that we store. Please note, however, that no method of electronic transmission or storage is 100% secure. If we receive instructions using your log-in information, we will assume that you have authorized such instructions, so please keep your user name and password secure. Access to Your Information and Your Choices If you have registered for an account on any of our Sites, you have the ability to edit certain personal information you have provided to us by logging into your account and making the changes. To update the information you provided for a newsletter or other mailing,  please “unsubscribe,” and then “subscribe” to re-submit your information. You can choose not to receive promotional emails from us by “unsubscribing” using the instructions in any email you receive from us. This will not stop us from sending emails about your account or your transactions with us. If you have agreed to let us send you text messages, you can withdraw your consent at any time by sending a text to us with the word “STOP”, in response to any text message we send you. We may send you one immediate confirmation text acknowledging receipt of your message. You can choose to delete or block cookies by setting your browser to either reject all cookies or to allow cookies only from selected Sites. If you block cookies, please note that performance of the Site may be impaired and certain features may not function at all. Governing Law By choosing to visit any of our Sites, you agree that any dispute over privacy or the terms contained in this Privacy Policy will be governed by the law of the State of California, without reference to the choice of law or conflicts of law principles thereof, and will be subject to the dispute resolution clause contained in the terms of use applicable to the particular Site. You also agree to abide by any limitation on damages contained in the terms of use applicable to the Site or any other agreement that we have with you. Changes to These Terms We reserve the right to make changes to this Privacy Policy at any time, with any such changes to be effective prospectively. The use of information obtained about you is subject to the Privacy Policy in effect at the time of collection, except that your continued use of any of our Sites after any modification of this Privacy Policy will constitute your acceptance of such modification. Please visit this page periodically so that you will be apprised of any such modifications. Contact Us If you have any questions about this Privacy Policy, please email us at legal@eugenesdiner.com , or write to us (and include your email address) at Eugene’s Restaurants, Inc., 7112 N Main St, Port Chester, NY