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THE INFATUATION PRIVACY POLICY

Last Updated: April 8, 2021

Welcome to the website (the “Site”) of The Infatuation, Inc., d/b/a Immaculate Infatuation, The Infatuation, and Zagat (together with its successors and assigns, “The Infatuation,” “we,” “us,” or “our”). The Infatuation provides editor, writer and user-generated reviews of and information about restaurants and bars in locations across the globe (collectively, including the Site and any related mobile application, the “Service”).

This Privacy Policy explains what personal information we collect, how we use and share that data, and your choices concerning our data practices.

This Privacy Policy constitutes an integral part of our Terms of Service, accessible at: https://www.theinfatuation.com/terms.

Please read this Privacy Policy before using our Service or submitting any personal information to The Infatuation and contact us if you have any questions.

INFORMATION WE COLLECT

When you contact us or interact with our Service we may collect the following types of personal information:

Personal Information You Provide:

We collect personal information when you voluntarily provide such information, such as when you contact us with inquiries, register for our newsletter, post information, comments or reviews, respond to one of our surveys, register for access to the Infatuation Services, allow us to access your location information (such as by using the GPS on your mobile device) or use certain Infatuation Services. The personal information collected during these interactions may vary based on what you choose to share with us, but it will generally include name, email, city location, mobile device or phone number and the financial information necessary to ensure payments can be processed by our payment processors.

Payment Information:

Certain features of the Service may be made available to you for a fee. If you may a purchase within the Service, our third party payment processors (e.g. Recurly or Stripe) will process on our behalf certain payment and billing information, such as billing address, payment card details and bank account information. If you have questions about how our payment processors handle and protect your personal information, please read Recurly and Stripe’s terms of service, services agreement and privacy policy.

Personal Information We Collect Through Our Social Media Pages:

We have pages on social media sites like Facebook, Instagram, Pinterest, Spotify, Twitter and YouTube (“Social Media Pages”). When you interact with our Social Media Pages, we will collect personal information that you elect to provide to us through your settings on the Social Media Site, such as your contact details. In addition, the companies that host our Social Media Pages may provide us with aggregate information and analytics regarding the use of our Social Media Pages.

Personal Information We Receive Automatically From Your Use of the Service:

When you visit, use and interact with the Service, we may receive certain information about your visit, use or interactions. For example, we may monitor the number of people that visit our Service, peak hours of visits, which page(s) are visited on the Service, the domains our visitors come from (e.g., google.com, yahoo.com, etc.), and which browsers people use to access and use the Service (e.g., Firefox, Microsoft Internet Explorer, etc.), broad geographical information, and site-navigation pattern. In particular, the following information is created and automatically logged in our systems:

  • Log data: Information (“log data”) that your browser automatically sends whenever you visit the Site. Log data includes your Internet Protocol (“IP”) address (so we understand which country you are connecting from when you visit the Site), browser type and settings, the date and time of your request, and how you interacted with the Site.
  • Cookies: Please see the “Cookies” section below to learn more about how we use cookies.
  • Device information: Includes name of the device, operating system, and browser you are using. Information collected may depend on the type of device you use and its settings.
  • Usage Information: We collect information about how you use our Site, such as the types of content that you view or engage with, the features you use, the actions you take, and the time, frequency and duration of your activities.

HOW WE USE PERSONAL INFORMATION

We use personal information to send you newsletters, restaurant recommendations, membership perks, invites to events, and information about giveaways. This processing is necessary to perform our contract with you.

We also use personal information as necessary for the following legitimate business interests:

  • To respond to your inquiries, comments, feedback or questions;
  • To manage our relationship with you, which includes sending administrative information to you relating to our Service and changes to our terms, conditions, and policies, and asking you to leave a review or take a survey;
  • To analyze how you interact with our Service and provide, maintain and improve the content and functionality of the Service and our customer relationships and experiences, develop our business and inform our marketing strategy (please see the “Cookies” section below to learn how we use cookies);
  • To administer and protect our business and the Site, prevent fraud, criminal activity, or misuses of our Site, and to ensure the security of our IT systems, architecture and networks (including troubleshooting, testing, system maintenance, support and hosting of data); and
  • To comply with legal obligations and legal process and to protect our rights, privacy, safety or property, and/or that of our affiliates, you or other third parties, and enforce our terms and policies.

For information about what we mean by legitimate interests and the rights of individuals in the European Union (“EU”), please see the “EU Users” section below.

Marketing

We may contact you to provide information we believe will be of interest to you. For instance, if you elect to provide your email address, we may use that information to send you promotional information about our products and services. If we do, where required by law, for example if you are in the EU, we will only send you such emails if you consent to us doing so at the time you provide us with your personal information. You may opt out of receiving emails by following the instructions contained in each promotional email we send you or by contacting us. If you unsubscribe from our marketing lists, you will no longer receive marketing communications but we will continue to contact you regarding our Site and Services and to respond to your requests.

HOW WE SHARE AND DISCLOSE PERSONAL INFORMATION

In certain circumstances we may share your personal information with third parties without further notice to you, unless required by the law, as set forth below:

  • Vendors and Service Providers: To assist us in meeting business operations needs and to perform certain services and functions, we may share personal information with service providers, including hosting, cloud services and other information technology services providers; event management, email communication software providers and email newsletter providers; data base management services; payment processors; web analytics services; content moderation services; search services; application development services (for more details on the third parties that place cookies through the Site, please see the “Cookies” section below). Pursuant to our instructions, these parties will access, process or store personal information in the course of performing their duties to us.
  • Business Transfers: If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, sale of all or a portion of our assets, or transition of service to another provider, your personal information and other information may be shared in the diligence process with counterparties and others assisting with the transaction and transferred to a successor or affiliate as part of that transaction along with other assets.
  • Legal Requirements: If required to do so by law or in the good faith belief that such action is necessary to (i) comply with legal or regulatory obligations, including to respond to lawful requests from public authorities and to meet national security or law enforcement requirements, (ii) protect and defend our rights or property, (iii) prevent fraud, (iv) act in urgent circumstances to protect the personal safety of users of the Site, or the public, or (v) protect against legal liability.

DATA RETENTION

We keep personal information for as long as reasonably necessary for the purposes described in this Privacy Policy, while we have a legitimate business need to do so, or as required by law (e.g. for tax, legal, accounting or other purposes), whichever is the longer.

If you have elected to receive marketing communications from us, we retain information about your marketing preferences until you opt out of receiving these communications and in accordance with our policies.

To determine the appropriate retention period for your personal information, we will consider the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure of your personal information, the purposes for which we use your personal information and whether we can achieve those purposes through other means, and the applicable legal requirements.

UPDATE YOUR INFORMATION

If you need to change or correct your personal information, or wish to have it deleted from our systems, you may contact us at privacy@theinfatuation.com. We will address your request as required by applicable law.

CALIFORNIA PRIVACY RIGHTS DISCLOSURES

Online Tracking and Do Not Track Signals: We may, and we may allow third party service providers to, use cookies or other tracking technologies to collect information about your browsing activities over time and across different websites following your use of the Site. Our Site currently does not respond to “Do Not Track” (“DNT”) signals and operates as described in this Privacy Policy whether or not a DNT signal is received. If we do respond to DNT signals in the future, we will describe how we do so in this Privacy Policy.

Third Party Marketing: California Civil Code Section § 1798.83 permits users of our Site that are California residents to request the categories of personal information we disclosed to third parties for their direct marketing purposes in the year preceding the request, the names and addresses of such third parties, and, in certain circumstances, examples of the products or services marketed by such third parties. These requests may be made once per year. To make such a request, please email us at privacy@theinfatuation.com or write us at:
The Infatuation Inc.
424 Broadway, 5th Fl.
New York, NY 10013

CHILDREN

Our Service is not directed to children who are under the age of 13. The Infatuation does not knowingly collect personal information from children under the age of 13. If you have reason to believe that a child under the age of 13 has provided personal information to The Infatuation through the Service please contact us and we will endeavor to delete that information from our databases.

EU USERS

Scope. This section applies to individuals in the EU (for these purposes, reference to the EU also includes the European Economic Area countries of Iceland, Liechtenstein and Norway, the United Kingdom, and, to the extent applicable, Switzerland).

Data Controller. Data protection laws in the EU differentiate between the “data controller” and “data processor” of personal information. The Infatuation is the data controller for the processing of your personal information. You can find our contact information, and the contact information of our EU-based representative, in the “contact us” section below.

Legal Bases for Processing. This Privacy Policy (the paragraph “How We Use personal information”) describes the legal bases we rely on for the processing of your personal information. Please contact us if you have any questions about the specific legal basis we are relying on to process your personal information.

As used in this Privacy Policy, “legitimate interests” means our interests in conducting our business and developing a business relationship with you. This Privacy Policy describes when we process your personal information for our legitimate interests, what these interests are and your rights. We will not use your personal information for activities where the impact on you overrides our interests, unless we have your consent or those activities are otherwise required or permitted by law.

Your Rights. Pursuant to the European Union General Data Protection Regulation (or GDPR), you have the following rights in relation to your personal information, under certain circumstances and subject to any applicable exceptions:

  • Right of access: If you ask us, we will confirm whether we are processing your personal information and, if so, provide you with a copy of that personal information along with certain other details. If you require additional copies, we may need to charge a reasonable fee.
  • Right to rectification: If your personal information is inaccurate or incomplete, you are entitled to ask that we correct or complete it. If we shared your personal information with others, we will tell them about the correction where possible. If you ask us, and where possible and lawful to do so, we will also tell you with whom we shared your personal information so you can contact them directly.
  • Right to erasure: You may ask us to delete or remove your personal information, such as where you withdraw your consent. If we shared your data with others, we will tell them about the erasure where possible. If you ask us, and where possible and lawful to do so, we will also tell you with whom we shared your personal information with so you can contact them directly.
  • Right to restrict processing: You may ask us to restrict or ‘block’ the processing of your personal information in certain circumstances, such as where you contest the accuracy of the data or object to us processing it (please read below for information on your right to object). We will tell you before we lift any restriction on processing. If we shared your personal information with others, we will tell them about the restriction where possible. If you ask us, and where possible and lawful to do so, we will also tell you with whom we shared your personal information so you can contact them directly.
  • Right to data portability: You have the right to obtain your personal information from us that you consented to give us or that was provided to us as necessary in connection with our contract with you, and that is processed by automated means. We will give you your personal information in a structured, commonly used and machine-readable format. You may reuse it elsewhere.
  • Rights in relation to automated decision-making: You have the right to be free from decisions based solely on automated processing of your personal information (including profiling) which produce a significant legal effect on you, unless this is necessary in relation to a contract between you and us or you provide your explicit consent to this use.
  • Right to object: You may ask us at any time to stop processing your personal information, and we will do so:
    • If we are relying on a legitimate interest to process your personal information -- unless we demonstrate compelling legitimate grounds for the processing or we need to process your data in order to establish, exercise, or defend legal claims;
    • If we are processing your personal information for direct marketing. We may keep minimum information about you in a suppression list in order to ensure your choices are respected in the future and to comply with data protection laws (such processing is necessary for our and your legitimate interest in pursuing the purposes described above);
  • Right to withdraw consent: If we rely on your consent to process your personal information, you have the right to withdraw that consent at any time. Withdrawal of consent will not affect any processing of your data before we received notice that you wished to withdraw consent.
  • Right to lodge a complaint with the data protection authority: If you have a concern about our privacy practices, including the way we handled your personal information, you can report it to the data protection authority that is authorized to hear those concerns (in the UK, the Information Commissioner’s Office (ICO), who can be contacted at https://ico.org.uk/concerns, and in other EU countries the data protection authority of the country in which you are located).

Please see the “Contact Us” section below for information on how to exercise your rights.

Data Transfers. The Infatuation is based in the U.S. The U.S. may have data protection laws less stringent than or otherwise different from the laws in effect in the EU and UK. Transfers of your personal information to The Infatuation in the U.S. are necessary to perform the agreement we have entered into, or are about to enter into, with you.

LINKS TO OTHER WEBSITES

The Site may contain links to other websites not operated or controlled by The Infatuation, including Social Media Sites (“Third Party Sites”). The information that you share with Third Party Sites will be governed by the specific privacy policies and terms of service of the Third Party Sites and not by this Privacy Policy. By providing these links we do not imply that we endorse or have reviewed these sites. Please contact the Third Party Sites directly for information on their privacy practices and policies.

COOKIES

We and our partners use cookies to operate and administer our Site, make it easier for you to use the Site during future visits, and gather usage data on our Site.

A “cookie” is a piece of information sent to your browser by a website you visit. By choosing to use the Site after having been notified of our use of cookies and other technologies in the ways described in this Privacy Policy, and, in applicable jurisdictions, through notice and unambiguous acknowledgement of your consent, you agree to such use.

Cookies can be stored on your computer for different periods of time. Some cookies expire after a certain amount of time, or upon logging out (session cookies), others survive after your browser is closed until a defined expiration date set in the cookie (as determined by the third party placing it), and help recognize your computer when you open your browser and browse the Internet again (persistent cookies). Our Site uses cookies from the third parties described below. For more details on cookies please visit All About Cookies.

Type of Cookies Used:

The following chart sets out how we use different categories of cookies and similar technologies, as well as information on your options for managing the settings for the data collection by these technologies:

CATEGORY COOKIE INFORMATION OPT OUT
Strictly necessary: Used to provide users with services available through the Site and to use some of its features, such as the ability to log-in and access secure areas. These cookies are essential for using and navigating the Site.
  • Cross-site forgery (CSRF) token needed for security of forms and requests. The token expires in one (1) year.
  • _ga_D66GM2FFTW/. This token expires in two (2) years.
  • City. The token expires in one (1) year.
  • _hjid. The token expires in one (1) year.
  • _ga. The token expires in two (2) years.
  • _gcl_au. The token expires in three (3) months.
Because these cookies are strictly necessary to deliver the Site, users cannot refuse them.
Functionality: Used to enhance the performance and functionality of the Site. These cookies are not essential for using and navigating the Site. However, without these cookies, you will not be able to use certain functionalities offered on our Site. None N/A
Analytics/Performance: Used to recognize and count the number of Site visitors and to gather statistics regarding how visitors move around the Site (including number of page views, number of visitors, and time spent on each page). This helps us improve the way our Site works and the User experience on it, for example by making sure users can find what they need easily . Google Analytics: GA,_GID Google Analytics cookies expire in six (6) months to two (2) years. You can block or delete cookies by changing the browser settings as explained under the “Your Options” section below.
Advertising/Targeting: We use cookies and pixels from third parties that enable such parties to serve ads to you based on your visit to our Site and also allow us to analyze the performance of our ads. None N/A

Your Choices. On most web browsers, you will find a “help” section on the toolbar. Please refer to this section for information on how to receive a notification when you are receiving a new cookie and how to turn cookies off. Please see the links below for guidance on how to modify your web browser’s settings on the most popular browsers:

Please note that if you limit the ability of websites to set cookies, you may be unable to access certain parts of the Site and you may not be able to benefit from the full functionality of the Site.

Most advertising networks offer you a way to opt out of targeted advertising. If you would like to find out more information, please visit the Network Advertising Initiative’s online resources at http://www.networkadvertising.org and follow the opt-out instructions there or if you are located in the European Union, visit the European Interactive Digital Advertising Alliance’s Your Online Choices opt-out tool here.

If you access the Site on your mobile device, you may not be able to control tracking technologies through the settings.

SECURITY

You use the Service at your own risk. We comply with industry standards to protect personal information both online and offline from loss, misuse, and unauthorized access, disclosure, alteration or destruction. However, no Internet or e-mail transmission is ever fully secure or error free. In particular, e-mail sent to or from us may not be secure. Therefore, you should take special care in deciding what information you send to us via the Service or e-mail. Please keep this in mind when disclosing any personal information to The Infatuation via the Internet. In addition, we are not responsible for circumvention of any privacy settings or security measures contained on the Service, or third party websites.

YOUR CHOICES

Whether or not you provide personal information to us is completely up to you, but if you choose not to provide information that is needed to use some features of our Site, you may be unable to use those features. You can also contact us to request access to your data or to ask us to update, correct, or delete your personal information.

CHANGES TO THE PRIVACY POLICY

The Service, and our business may change from time to time. As a result we may change this Privacy Policy at any time. When we do we will post an updated version on this page, unless another type of notice is required by the applicable law. By continuing to use our Service or providing us with personal information after we have posted an updated Privacy Policy, or notified you if applicable, you consent to the revised Privacy Policy and practices described in it.

CONTACT US

If you have any questions about our Privacy Policy or the information practices of the Site, please feel free to contact us at privacy@theinfatuation.com. If you are an individual in the EU, you can also contact our EU based representative, who has been appointed as Company’s representative in the EU pursuant to Article 27 of the GDPR on matters related to the processing of personal information activities that take place in the EU. To make such an inquiry, please contact us at The Infatuation Ltd., 45-47 Clerkenwell Green, Clerkenwell, London EC1R 0EB or at privacy@theinfatuation.com

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