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Margaritas Privacy Policy

MARGARITAS PRIVACY POLICY

Last Updated: June 27, 2022

Welcome to Margaritas! We at Margaritas Management Group, Inc. (“Margaritas”, “we”, “us”, or “our”) provide this Privacy Policy (“Policy”) to explain how we collect, use, share and process your personal information as well as the rights and choices you have associated with that information. This Policy applies when you visit our website located at https://www.margs.com or any other websites, pages, features or content that links to this Policy (the “Site(s)”); when you use our mobile application Margaritas (the “App(s)”), or otherwise engage our products or services that we own or operate (collectively, the “Service(s)”).
 

By using our Services, you agree to the collection, use and disclosure of your personal information in accordance with this Policy, and you agree to the accompanying Terms and Conditions. Our Terms and Conditions (“Terms”) govern all use of our Services, and together with the Privacy Policy, constitute your agreement with us. If you do not agree with or you are not comfortable with any part of this Policy, please immediately discontinue access or use of our Services.
 

We may change this Policy from time to time and we will notify you by revising the “Last Updated” date at the top of this Policy. If we change this Policy in a way that we believe materially affects how we process your personal information, we will provide you with advance notice such as via email or by posting a notice on our Sites. Unless otherwise required by laws in your residence, your continued access or use of our Services after receiving the notice of changes constitutes your acknowledgment that you accept the updated Policy.
 

We may also provide “just-in-time” disclosure or additional information about our information collection, use, and sharing practices of specific Services. These notices may supplement or clarify our privacy practices or provide you with additional choices about how we process your personal information.
 

  1. Personal Information We Collect
    Margaritas collects certain personal information about you and your use of our Services. This information falls into three primary categories: (1) information you voluntarily provide to us, (2) information we collect from you automatically, and (3) information we collect from third parties.

    Information You Voluntarily Provide to Us. We, or service providers that assist us in providing, maintaining, and operating our Services, may collect the following types of personal information from you:
    (1) Account Registration. We may collect information relating to the creation of an account to join our Circle of Friends program, such as, your first and last name, address, postal code, email address, phone number, birth date, gender, preferred store and/or a unique individual password. If you use a third-party service (e.g., Apple, Facebook) to create an account, we may receive personal information that you allow such third-party service to share with us, such as your name and email address.
    (2) Order Placement. We may collect your personal information when you place an order on our Sites or in our App, including, for example, your first and last name, delivery address, postal code, email address, phone number, payment account or credit card information.
    (3) Payment Information. When you place orders, purchase, send or reload gift cards, we may collect your payment card information, shipping and billing addresses, and phone numbers.
    (4) Customer Support. When you engage with our support team, we may collect records, copies of your correspondence (including email addresses), social media handles, or additional information you choose to share with us.
    (5) Newsletter Sign-ups. You may choose to provide us your email address if you wish to receive information about Margaritas’ offers and Services.
    (6) Promotional Events. From time to time, we may offer you an opportunity to participate in promotions, programs and/or sweepstakes (collectively, “Promotions”). If you choose to participate in a Promotion, we will collect and store the personal information you provide in connection with your participation in the Promotion, which may include, your name, email address, and/or phone number. We may provide “just-in-time” disclosure or additional information about our information collection, use and sharing practices of specific Promotions.
    (7) Web Forms. We may collect your name, email, and phone number when you inquire about our franchising program, request a brochure or would like to get in touch with us for other matters. If you provide contact information, we may contact you to clarify your comment or question, or to learn about your level of interest in, or satisfaction with our Services.
    (8) Career Information. When you apply to join our team, we may collect your first and last name, email address, phone number, home address, start date, and any employment-related information contained in your resume/CV.

    Information We Automatically Collect. To the extent permitted under the applicable law, we may collect certain types of information automatically, such as when you interact with the Sites or use the Services. We may collect the following types of information automatically from you:
    (1) Usage Data. When you browse our Sites, we automatically collect log data such as your web request, Internet Protocol (“IP”) address, browser type, domain names, referring and exit pages and URLs, pages viewed and the order of these page views, the date and time you access our servers, and other diagnostic data.
    (2) Device Information. When you use your desktop or mobile devices to access our Services, we may be able to identify your device’s unique device identifier, MAC address, operating system, and your mobile device’s advertising ID.
    (3) Location Information. When you use our Service, we may infer the generic physical location and geographic regions of your device from your Wi-Fi, Bluetooth and other device settings. For example, your IP address may indicate your general geographic region. Upon your permission, we may collect your mobile device’s precise geo-location to find the closest restaurants near you. You may choose not to share your location details with us by adjusting your mobile or desktop device’s location services settings. For instructions on changing the relevant settings, please contact your service provider or device manufacturer.

    Information From Third Parties. From time to time, we may obtain information about you from third-party sources. 
    (1) Social Media Platforms and Networks. If you interact with us on social media or use features, such as plugins, widgets, or other tools made available by social media platforms or networks (including Instagram, Facebook, Twitter, Google, You Tube, and Pinterest) in connection with our website or Apps, we collect information that you share with us, or that the social media platforms share with us. For more information about the privacy practices of those social media platforms, please review the privacy policies and settings of the social media platforms and networks that you use.
    (2) From Other Sources. We may obtain information about you from other sources, such as data analytics providers, marketing or advertising service providers, fraud prevention service providers, vendors that provide services on our behalf, or publicly available sources.
     

  2. Cookies and Other Tracking Technologies
    We and third parties on our behalf may use cookies or similar tracking technologies (collectively, “Tracking Technologies”) to collect information automatically as you interact with our Services, to help us customize your experience and optimize our user experience, including to:

  • Analyze our web traffic using an analytics package

  • Identify whether you already visited our Services

  • Store information about your preferences

  • Recognize you when you return to our Services
     

Analytics.  We and our third-party technology providers use third-party analytics services (such as Google Analytics) to evaluate your use of the Services, compile reports on activity, collect demographic data, analyze performance metrics, and collect and evaluate other information relating to the Services and Internet usage. These third parties use cookies and other technologies to help analyze and provide us the data. For more information on how to opt out of Google Analytics tracking, click here.

 

Interest-Based Advertising. Many advertising companies that collect information for interest-based advertising are members of the Digital Advertising Alliance (DAA) or the Network Advertising Initiative (NAI), both of which maintain websites where people can opt-out of interest-based advertising from their members. To opt-out of website interest-based advertising provided by each organization’s respective participating companies, visit the DAA’s opt-out portal, or visit the NAI’s opt-out portal.

 

Managing Cookies and Similar Tracking Technologies. You have the right to decide whether to accept cookies. If you do not want us to deploy cookies in your browser, you may exercise your preference by modifying your web browser setting to either (1) refuse some or all cookies or (2) notify you and ask for your permission when a website tries to set a cookie. If you want to learn the correct way to modify your browser settings, please use the “Help,” “Tools” or “Edit” menu in your browser or review the instructions provided by the following browsers: Internet Explorer, Google Chrome,      Mozilla Firefox, Safari Desktop, Safari Mobile; and Android browser. If you choose to disable cookies in your browser, you can still use the Services, although your ability to use some of the features may be affected. If you want to exercise your rights regarding personal information collected via cookies and similar tracking technologies, please see the “Your Rights and Choices” section below.
 

3. How We Use Your Personal Information

We use your personal information as described in this Policy for business and commercial purposes, or as disclosed to you prior to such processing taking place. We may process your personal information:
(1) To Provide Margaritas’ Services. We will use your personal information to provide information or perform Services that you request, including managing your request to register an account to join our Circle of Friends program. For example, when you place an order with us, we require your address to deliver your order, and we require payment information to process your order. We will not be able to provide you with Service without such information. Third parties such as payment processing companies and courier services may also access and/or collect your personal information when assisting us to fulfill your order. We work diligently with such third parties to protect your information.
(2) To Maintain Legal and Regulatory Compliance. Our Services are subject to certain laws and regulations which may require us to process your personal information. For example, we process your personal information to pay our taxes, to fulfill our business obligations, and ensure compliance with employment and recruitment laws or as necessary to manage risk as required under applicable law. Without processing your personal information for such purposes, we cannot perform the Services in accordance with our legal and regulatory requirements.
(3) To Enforce Compliance with Our Terms, Agreements, and Policies. When you access or use our Services, you are bound to our Terms. To ensure you comply with them, we process your personal information by actively monitoring, investigating, preventing, and mitigating any alleged or actual prohibited, illicit or illegal activities on our Services. Subject to the applicable law, we may also process your personal information to investigate, prevent or mitigate violations of our internal terms, agreements, or policies and enforce our agreements with third parties and business partners.

(4) To Detect and Prevent Fraud and Security Risks. We may process your personal information to help monitor, prevent and detect fraud and abusive use of our Service, monitor and verify your identity so that unauthorized users do not gain access to your information, enhance system security, and combat spam, malware, malicious activities or other security risks that might result in financial loss.
(5) To Provide Customer Support or Respond to You. We collect any information that you provide to us when you contact us. Without your personal information, we cannot respond to you or ensure your continued use and enjoyment of the Services.

(6) To Provide You with Service-Related Communications. We will send you administrative or account-related information to keep you updated about your account and the Services. Such communications may include information about Privacy Policy updates, confirmations of your account actions or transactions, security updates, or other relevant transaction-related information. Service-related communications are not promotional in nature. You are not able to unsubscribe from such communications, otherwise, you may miss important developments relating to your account or the Services.

(7) To Provide Marketing Communication. We may collect your email address, phone number, or other electronic addresses that you voluntarily provide to us when you choose to participate in our promoting activities or subscribe for marketing communications. When you no longer wish to receive these marketing messages from us, you can opt-out at any time by unsubscribing or following the instructions contained within such messages.
(8) To Research and Develop of Our Services. We may process your personal information and derive analytical and statistical data to better understand the way you use and interact with our Services to help us improve our existing Services and to build new Services. Please see our Cookies and Other Similar Tracking Technologies section for more information.

(9) To Personalize Your Experience. We may process your information to personalize your experience. By personalization, we enable you to more easily interact with our Services across platforms and devices. Please see our Cookies and Other Similar Tracking Technologies section for more information.

(10) To Facilitate Corporate Acquisitions, Mergers, and Transactions. We may process any information regarding your account and your use of our Services as is necessary in the context of corporate acquisitions, mergers, or other corporate transactions.

(11) With Your Consent. We may process your information for any other purpose to which you consent.

 

4. Sharing Your Personal Information

We share your personal information as needed to fulfill the purposes described in this Policy and as permitted by applicable law. We may disclose your personal information as described below.
(1) As Required by Law. We may access, preserve, and disclose information about you if we believe doing so is required or appropriate to (i) comply with law enforcement requests and legal processes, such as a court order or subpoena; (ii) comply with requests from auditors, examiners or other regulators; (iii) respond to your requests; or (iv) protect your, our, or others’ rights, property or safety.
(2) Within Our Corporate Organization. We may share your personal information within our organization to provide you with the Services and take actions based on your request.

(3) With Our Service Providers. We may share your personal information with third-party service providers acting on our behalf to help us operate our Services. Service providers and vendors provide us with support services such as credit card processing, order fulfillment, website hosting, analytics, and network maintenance. These third parties can only use your information in accordance with our written instructions.
(4) During Business Transaction or Other Asset Transfers. We may disclose and transfer information about you to buyers, service providers, advisors, potential transactional partners, or other third parties in connection with the advisors, potential transactional partners, or other third parties of a corporate transaction in which we are acquired by or merged with another company, or we sell, liquidate, or transfer all or a portion of our business or assets. By engaging with us or using our Services, you understand and agree to our assignment or transfer of rights to your personal information. In the event of any such change in ownership or control of your personal information, we will notify you of such changes to the extent required under applicable law.
(5) With Third-Party Marketing Partners. In certain circumstances, and subject to the applicable law, we may share your personal information with third-party advertisers and marketing partners for permitted marketing purposes.
(6) With Your Consent. We may share your personal information for any purpose to which you consent.
 

5. How We Protect Your Personal Information

We maintain advisors, potential transactional partners, or other third parties designed to guard and prevent misuse of your personal information. Our security measures include generally accepted physical, technical and administrative measures to prevent unauthorized access to or disclosure of your personal information, to maintain data accuracy and ensure the appropriate use of your personal information, and otherwise safeguard your personal information. Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. We cannot guarantee the security of our databases or the databases of the third parties with which we may share such information, nor can we guarantee that the information you supply will not be intercepted while being transmitted over the Internet. In particular, email sent to us may not be secure, and you should therefore take special care in deciding what information you send to us via email. If you have any questions about the security of your interaction with us (if, for example, you feel that the security of any account you might have with us has been compromised), please reach out immediately via the method listed in the “Contact Us” section below.

6. Retention of Your Personal Information

We will retain and use your personal information to the extent necessary to comply with our legal obligations, resolve disputes and enforce our legal agreements and policies. We will cease to retain your personal information or remove the means by which the information can be associated with you as soon as it is reasonable to assume that such retention no longer serves the purpose for which the personal information was collected and is no longer necessary for legal or business purposes.

 

If you wish to cancel your account or request that we no longer use your information to provide you services, please contact us via the method listed in the “Contact Us” section below. Please note that we may still retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

7. Your Rights and Choices

Depending on the applicable law where you reside, you may exercise the right to access or correct your personal information that we collect or that has been provided to us. If you would like to exercise your rights under applicable law, please contact us at webmail@margs.com. In your request, please make clear what personal information you would like to have access to,  or changed. Upon receiving your rights request. we may seek to verify your identity to ensure the security of your personal information.

You may have additional privacy rights if you are a California Resident, see Section 12 “Notice to California Residents” below for more information.

8. How We Handle Children’s Information

Our Services are not directed to, and we do not knowingly collect personal information from, children under the age of 13. If you are under 13, please do not attempt to fill out our forms or send any personal information about yourself to us. If we become aware that a child under 13 has provided us with personal information, we will terminate the user’s access to our Service and take steps to delete such information from our filesystems, unless we have a legal obligation to keep it.

9. Third-Party Websites

Our Service may contain links to other websites, products, or services that we do not own and are not operated by us. If you click a third-party link, you will be directed to that third party's site. We strongly advise you to review the privacy policy of every site you visit before providing any information to them.

 

We have no control over and assume no responsibility for the content, privacy policies or practices of any third-party sites or services, and this Policy does not apply to your activities on these third-party services or any information you disclose to these third parties. If you have any questions about how these other sites or services use information from or about you, you should contact them directly.

10. International Users

Margaritas’ business operates in the United States. Our Services are not intended for international users. Thus, when you access and submit personal information to Margaritas, your personal information may be processed, maintained, and used on computers, servers, and systems located in the United States, where privacy and data protection laws may be less stringent than the laws in your country of residence. By providing information to us through our Services, you authorize us to transfer, store, and process your information in the United States and in accordance with this Policy.

 

If you do not want your information transferred to, processed, or maintained outside of the country or jurisdiction where you are located, you should immediately stop accessing or using the Services.

11. Notice for California Residents

This section applies only to California residents, and provides information about our data collection practices and your privacy-related rights under California law. Your “right to know” about the personal information collected, used, and disclosed by Margaritas includes what categories of personal information we collect from you and the purpose for its collection; how we use those categories of personal information; and how we share the personal information you entrust to us. For the purpose of this section, the term “personal information”, as defined under the CCPA, is used.

 

Categories of Personal Information Collected

The chart below described the categories of personal information (as defined under the California privacy law) that we have collected in the preceding 12 months, the sources and purpose of such collection, and the parties to whom the information was shared for business purposes.


Your Rights Under California Law

Access to Specific Information and Data Portability Rights. Subject to certain exceptions, if you are a California resident you have the right to request a copy of the personal information that we collected about you during the 12 months before your request. Once we receive your request and verify your identity, we will disclose to you:

  • The categories of personal information we have collected about you;

  • The categories of sources for the personal information we have collected about you;

  • Our business or commercial purpose for the information collection;

  • The categories of third parties with whom we share that personal information; and

  • The specific pieces of personal information we collected about you.

 

Changes to Specific Personal Information. We rely on you to update and correct your personal information. You may update or correct the personal information in your account profile through features provided on our Sites or in our Apps. If our Site or App does not permit you to update or correct certain information, you have the right to request us to correct inaccurate personal information. Please note that we may keep historical information in our backup files as permitted by applicable law.

 

Deletion Requests. You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions.

Sale of Personal Information. We do not sell your personal information to third parties.  If we did sell your information, you would have the right to request that we disclose to you:  (1) the categories of your personal information that we sold, and (2) the categories of third parties to whom your personal information was sold.

 

Non-Discrimination. We recognize and respect that you have the right to not receive discriminatory treatment by the business for exercising any of your CCPA rights.

 

Do Not Track. Some Internet browsers, such as Internet Explorer, Firefox, and Safari, include the ability to transmit “Do Not Track” or “DNT” signals. Since uniform standards for “DNT” signals have not been adopted, our Site does not currently process or respond to “DNT” signals.

Exercising Your Rights Under California Law

To exercise your rights described above as a California resident, please submit a request to us by contacting us as described in the “Contact Us” section below, or by submitting your request online at our contact us page.  Before fulfilling your request, we may ask you to verify the personal information we already have on file to confirm your identity. If we cannot verify your identity based on the information we have on file, we may request additional information from you, which we will only use to verify your identity, and for security or fraud prevention purposes.

Only you or a person you formally authorize to act on your behalf, may make a verifiable consumer request related to your personal information as a California consumer. If you use an authorized agent to submit such a request, we will require written proof that the authorized agent has been authorized to act on your behalf or a copy of the power-of-attorney document granting that right.

Notice of Financial Incentive

We offer our customers a loyalty program (the Circle of Friends Program) that provides certain perks, such as rewards and exclusive offers. We may also provide other programs, such as sweepstakes, contest, or other similar promotional campaigns (collectively, the “Programs”). When you sign up for our Circle of Friends Program, or other Programs, we ask you to provide your name and contact information (such as email address and/or telephone number). Because our Programs involve the collection of personal information, they might be interpreted as a “financial incentive” program under California law. The value of your personal information to us is related to the value of the free or discounted products or services, or other benefits that you obtain or that are provided as part of the applicable Program, less the expense related to offering those products, services, and benefits to Program participants.

You may withdraw from participating in a Program at any time by contacting us at our Site’s contact page, or by contacting us as described in the “Contact Us” section below.

 

12. Contact Us

We welcome questions, comments, and concerns about our privacy policy and privacy practices. If you wish to provide feedback or if you have questions or concerns, or wish to exercise your rights related to your personal data, send us an email at webmail@margs.com, reach out to our customer support, or by writing us at Margaritas Management Group, Inc., 273 Locust St Suite 200, Dover, NH 03820.