Privacy Policy

The Privacy Policy was updated on March 25, 2019.

This statement by ECGator (“Company,” “we,” “us” or “our”) discloses the Privacy Policy (“Policy”) for the www.ecgator.com website (“Site” or “Sites”) and the services provided (“Services”) to inform our Site users and visitors (“you” or “your”) of our policies and procedures regarding collection, use and disclosure of information, including Personal Information, when you use the Site. By using the Site, you accept the practices described in this Policy. This Privacy Policy may be updated from time to time. You are advised to consult this policy regularly for any changes as your continued use of the Site or Services provided constitutes your agreement to adopted updated Privacy Policy.

This Policy describes our policies and practices regarding the collection, use, and disclosure of information about you in connection with your use of our services, including those offered through our Site, e-mails, and other communications. This Policy applies to visitors and users of ECGator.

By visiting or using our Site, to the extent permitted by applicable law, you are consenting to us gathering and processing information about you in accordance with this Policy, although consent may not be required for all of the elements described in this Policy. For particular types of information or processing, we may provide you with choices or request your further consent related to what information we collect and how we may process it.

Third parties (e.g. for-profit and non-profit businesses, educational institutions, and public services), you visit through our Services, and social networks that you use in connection with our Sites) may also collect, use, and share information about you. This Policy does not cover such third parties or their services and we do not take any responsibility for how such third parties may use any information they collect. For information about third-party privacy practices, please consult with them directly.

Our Privacy Policy may be updated from time to time. You are advised to consult this policy regularly for any changes as your continued used of the Site or Services provided constitutes your agreement to adopted updated Privacy Policy.

I. Information We Collect

a. Personal Information. By visiting or using our Sites, we may collect the following categories of personal information (“Personal Information") you provide to us: name; email address; postal address; phone number; credit or debit card account and billing information; survey responses; demographics; city; current and past search history; favorite listings; searches; sites or business pages visited; marketing responses; photos of you (such as if you add a photo of yourself to your profile); account settings; passwords; customer support and other requests you make through our Sites; business reviews and other information you provide on our Sites; and other information you may provide about yourself or others to our Sites or to which you provide us with access via third-party platforms. We do not proactively collect personal information considered as sensitive personal information such as health-related information.

In addition, we may receive certain categories of personal information listed above and some device information listed below (such as your name, email, browsing history on our sites and other details) from sources other than you, such as from third-party websites, applications, services, and other third parties.

b. Public Content. Your contributions to the Site are intended for public consumption and are therefore viewable by the public, including business name, services offered, contact information, photos, videos, ratings, and reviews.

c. Device Information. ECGator uses various technologies to collect information from your device and about your activities on our Site. By visiting the Site, our servers record Non-Personal Information from your browser, including but not limited to, your browser type, the URL of the previous website you visited, your ISP, operating system, your geographic location, your device ID and information, access times, your device’s or computer’s geographic location (collectively “Non-Personal Information”) while the Site is actively running. In addition, if you register to use the Services or communicate with us regarding the Site or any of our services or products, we collect any information that you provide to us during the course of our communication.

ECGator may assign your device one or more cookies to facilitate access to the Service and to personalize your experience. Through the use of a cookie, ECGator also may automatically collect information about your activity with the Service, such as your visited pages, your visit’s time and date and the links you click. If ECGator advertises, ECGator (or third parties) may use certain data collected on the Site to show you advertisements on other sites or applications.

ECGator may use web beacons and other similar technologies to track your use of the service or to allow third-party advertising companies to serve ads on ECGator’s behalf or track overall effectiveness or performance. Any information that these third parties collect via cookies and web beacons is completely anonymous.

We may use analytic and reporting technologies to record Non-Personal Information such as Internet domain and host names, Internet protocol (IP) addresses, browser software, operating system types, click patterns, and the dates and times that the Site and our services are accessed by you. We may contract with a third party to help us manage, monitor and optimize our Site and measure the effectiveness of our advertising, communications and use of the Site. We may use web beacons and cookies for this purpose.

d. Location Information. If you use our Site, we may receive your generic location (such as city, neighborhood, or zip code) or, with your consent, precise geographic location data from your mobile device when the app is running and when it is not running. We may, for example, receive this information when you select program search locations, enter your city in your account profile, when you are in proximity to certain beacons, choose to publish your location in reviews you leave for the programs on the Sites, or in your comments or communications with us. You may be able to limit or disallow our use of certain location data through your device or browser settings, for example by adjusting the "Location Services" settings for our applications in iOS privacy settings. We may use and store this information to provide and improve features of our Sites, for example, to tailor our Sites on a needs-based manner to better facilitate your requests and to provide you more relevant content about after-school, weekend, and summer programs, competitions, and volunteer opportunities.

e. Communications. When you sign up for an account or use certain features, you are opting to receive messages from other users, businesses, and ECGator. You can manage some of your messaging preferences through your account settings, but note that you cannot opt out of receiving certain administrative, transactional, or legal messages from ECGator. We may also track your actions in response to the messages you receive from us or through the Site, such as whether you deleted, opened, or forwarded such messages. If you exchange messages with others through the Site, we may store them in order to process and deliver them, allow you to manage them, and we may review and disclose them in connection with investigations related to use of the Site, as well as our efforts to improve the Site. We may not deliver messages that we believe are objectionable, such as spam messages, fraudulent solicitations, or requests to exchange reviews for compensation. We may also store information that you provide through communications to us, including from phone calls, letters, emails and other electronic messages, or in person. If you are a representative of a business listed on ECGator, we may contact you, including by phone or email, using the contact information you provide us, make publicly available, or that we have on record for your business. Our calls with you may be monitored and recorded for quality purposes.

f. Transactions. If you initiate a transaction through the Site, such as a monthly membership for business owners, we may collect and store information about you, such as your name, phone number, address, email, and payment information (such as a credit card number and expiration date), as well as any other information you provide to us, in order to process your transaction, send communications about them to you, and populate forms for future transactions. This information may be shared with third parties, and third parties may share such information with us, for the same purposes. When you submit credit card numbers, we encrypt that information using industry standard technology.

g. Activity. We may store information about your use of the Site, such as your search activity, the pages you view, businesses you call using our mobile applications, maps you use for driving directions. We also may store information that your computer or mobile device may provide to us in connection with your use of the Site, such as your browser type, type of computer or mobile device, browser language, IP address, WiFi information such as SSID, mobile carrier, phone number, unique device identifier, advertising identifier, location (including geolocation, beacon based location, and GPS location), and requested and referring URLs. Please see “Location Information” for more details.

II. How We Use Your Information

We follow generally accepted industry standards to protect Personal Information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your Personal Information, we do not guarantee absolute security. We are not responsible for the unauthorized acts of others and we assume no liability for any disclosure of information due to errors in transmission, unauthorized third party access (such as through hacking) or other acts of third parties, or acts or omissions beyond our reasonable control.

a. Your Information. When you create an account to use the Service, you may provide and shall authorize ECGator to record your Business Information (e.g. business name, phone number, address, website, e-mail, photo, video, class details) as well as Personal Information, which shall be used to relay communications to you.

We may use your information for the following purposes to: provide you with the services and functionality offered on our Sites; communicate with you about your account or use of our Sites, services, products and/or functionality; respond to, or follow up on, your comments and questions, and otherwise provide customer service; communicate with you about special offers and other marketing communications; operate and improve our Sites, products, services, and functionality; process and deliver contest entries and rewards; authenticate your credit or debit card account information, if applicable; tailor your experience on our Sites, including search results and displaying relevant advertising; provide information, services to our customers; link or combine with other information we get from third parties to help understand your needs and provide you with better service; perform statistical analysis; protect, investigate, and deter against fraudulent, unauthorized, or illegal activity; comply with our policies, procedures and legal obligations; and as otherwise consented to by you and as required or permitted by applicable law.

Please be advised that when you register for a ECGator account, you will need to create and username and password to become a User. We advise that you do not disclose your password to anyone and recommend you guard your anonymity and sensitive information. In addition, we recommend you sign-out of password-protected services at the end of your session.

We use the Non-Personal Information we collect to administer our business activities, including tracking use of the Site and providing, maintaining, evaluating, and improving our Site and the services and products we offer and sell. We will also use Non-Personal Information to monitor and analyze use of the Site’s services and for technical administration.

If you do not provide us with certain of your information, we may not be able to fulfill the requested Purpose of collection, such as to respond to your queries or provide our Sites to you.

b. Combined Information. We may combine your personal information with device information and location information (with your consent, where required) to serve you specifically, such as to deliver a product or service to you according to your preferences or restrictions, or for advertising or advertising targeting purposes. When we combine personal information, device information and location information in this way, we treat it as, and apply all of the safeguards in this Policy applicable to, your information.

c. Electronic Communications. We may communicate with you via electronic messages, including email, text message, or mobile push notification to, for example: send you information relating to our products services, technical notices, updates, security alerts, and support and administrative messages; communicate with you about contests, offers, promotions, upcoming events, and other news about products and services offered by ECGator, our parent company (Arkaive Inc.), our subsidiaries, our affiliates, other business partners, and third-party companies. With your consent, where required, we may contact you at the mobile phone number that you provide to us by way of direct dial calls, autodialed and prerecorded message calls, and text messages in connection with the above Purposes.

d. Our Role as Data Controller and Data Processor. We generally act as the data controller of your information; however, under certain ECGator programs, businesses may engage us to provide them with certain processing services related to information owned or controlled by the business. We are not responsible for any businesses’ use of information for which it is an owner or controller. To learn more about how a business may use such information, you should review its privacy notice.

e. Aggregated Information. We may aggregate personal information collected from you and other users as well as device information and location information (with your consent, where required) to produce general statistics that cannot be linked to you or any other specific user and with which we attempt to provide you with a better experience, to improve our services, and to analyze and understand how our Sites and products are used.

f. Retention. We will retain your information for the period necessary to fulfill the Purposes outlined in this Policy and as otherwise needed to comply with applicable law and internal company policies.

III. How We Share Your Information

a. Information Shared With Business Owners

We may, as permitted by applicable law, share your information with third-party companies to support operations, such as to perform analytics, tailor marketing to you, support a loyalty program that you have chosen to participate in, and improve our services.

We may share with afters-chool and summer program owners summary reports of feedback from parents. If you provide comments about a business through our Sites, these comments may be shared with or may be accessible by that business. We will not tie your comments with other information that can identify you, but a business may be able to tell who you are from your comments, particularly if you give your name in the comments or provide contact information, such as an email address.

b. Payment Card Information

By submitting your credit or debit card account information through our Sites, to the extent permitted by applicable law, you expressly consent to the sharing of your information with third-party payment processors, and other third-party service providers (including, but not limited to, vendors who provide fraud detection services to us and other third parties).

When you use a credit or debit card through our Sites, we provide your credit or debit card account information (including card number and expiration date, but excluding the CVV number) to our third-party payment service providers and the applicable restaurant.

c. Information You Share Socially

Our Sites may allow you to connect and share your actions, comments, content, and information publicly or with friends. Please be mindful of your personal privacy needs and the privacy needs of others as you choose whom to connect with and what to share and make public. We cannot control the privacy or security of information you choose to make public or share with others. ECGator also does not control the privacy practices of third-party platforms. Please contact those sites and services directly to learn about their privacy practices.

D. Other Sharing

We do not share your information with third parties other than as described above and as follows:

We may share your information with our affiliates, subsidiaries, and business partners in the U.S. and worldwide, including with our parent corporation, Arkaive Inc., to the extent necessary for managing our business related to our Sites and the Purposes. By visiting or using our Sites or otherwise providing us with your information, you consent to this transfer of your information throughout the global ECGator network of entities.

We may share information with third parties for their own marketing purposes, which are subject to the separate privacy policies of such third parties. We will do this on the basis of your consent, where required by law, and if not required by law on the basis of our legitimate interests in sharing data with our partners so that we can help you see offers and services which are most relevant to you.

We may share information with third-party vendors, consultants, and other service providers who perform functions on our behalf (e.g., hosting or operating our Sites, data collection, data management, reporting, ad response measurement, site analytics, data analysis, delivering marketing messages and advertisements, processing credit card payments, and providing fraud detection services). We do not authorize these third parties to use your information for purposes other than for which it has been provided, and do not authorize these third parties to disclose that information to unauthorized parties. We require these third parties to maintain appropriate security to protect your information from unauthorized access or processing.

We may disclose your information to regulatory authorities, courts, government agencies and other third parties where we believe that doing so would be in accordance with or permitted or required by any applicable law, regulation or legal process, to defend the interests, rights, and/or property of ECGator or others, or to respond to emergencies.

We may disclose or transfer your information to a third party if we sell, transfer, divest, or disclose all or a portion of our business or assets to another company in connection with or during negotiation of any merger, financing, acquisition, bankruptcy, dissolution, transaction, or proceeding.

We may share aggregate statistical data for the improvement of services offered by our Sites. We may also share aggregated or de-identified information with third parties in our discretion.

We may otherwise share your information as directed by you or subject to your consent.

IV. Security of Your Information

ECGator takes commercially reasonable technical, administrative, and physical security measures designed to protect your information from loss, misuse, unauthorized access, disclosure, alteration, and destruction.

When your credit or debit card account information is being transmitted to our Sites or through our Sites, it will be protected by cryptographic protocols. ECGator does not itself store your credit or debit card account information, and we do not have direct control over or responsibility for your credit or debit card account information. We use third party payment processors that are the controllers of your credit card information. Our contracts with third parties that receive your credit or debit card account information require them to keep it secure and confidential.

Nonetheless, we cannot guarantee that transmissions of your credit or debit card account information or your other information will always be secure or that unauthorized third parties will never be able to defeat the security measures taken by ECGator or our third-party service providers. Except to the extent that liability cannot be excluded or limited due to applicable law, we assume no liability or responsibility for disclosure of your information due to errors in transmission, unauthorized third-party access, or other causes beyond our control. You play an important role in keeping your information secure. You should not share your user name, password, or other security information for your ECGator account with anyone. If we receive instructions using your user name and password, we will consider that you have authorized the instructions.

V. Third Parties

You will be able to access third party websites directly from the Site. This Privacy Policy does not apply when you access third party websites. We cannot control how third parties may use Personal Information you disclose to them or Non-Personal Information, so you should carefully review the privacy policy of any third party website you visit before using their services.

VI. Use of Cookies

We, and third parties with whom we partner, may use cookies, web beacons, tags, scripts, local shared objects such as HTML5 and Flash, advertising identifiers (including mobile identifiers such as Apple’s IDFA or Google’s Advertising ID) and similar technology ("Cookies") in connection with your use of the Service, third party websites, and mobile applications. Cookies may have unique identifiers, and reside, among other places, on your computer or mobile device, in emails we send to you, and on our web pages. Cookies may transmit information about you and your use of the Service, such as your browser type, search preferences, IP address, data relating to advertisements that have been displayed to you or that you have clicked on, and the date and time of your use. Cookies may be persistent or stored only during an individual session. We will use cookies to track your use of the Site, enable certain features of the Site, better understand how you interact with the Site, provide you with a more personalized user experience, and to facilitate your logging in to the Site by saving your registration username for future logins to the Site.

VII. Children’s Privacy

Company does not and will not knowingly collect or use any Personal Information from children that we know to be under the age of 13. In addition, we will delete any information in our database that we know originates from a child under the age of 13. If you are between the ages of 13 and 17, you, your parent, or your legal guardian may request that we deactivate any of your Personal Information in our database and/or opt-out from receiving communications from us. If you wish to do so, please contact us at support@ecgator.com.

VIII. California Residents’ Privacy Rights

California Civil Code Section 1798.83 permits California residents to request information and obtain from us once a year, free of charge, regarding the disclosure of California residents’ personal information (if any) by us to third parties for the third parties’ direct marketing purposes in the preceding calendar year. To make such a request, please send an email to support@ecgator.com.

IX. Changes to this Policy

Except to the extent limited by applicable law, we reserve the right to update this Policy to reflect changes to our information practices by prominently posting notice of the update on our Sites, and as required, obtaining your consent. Any updates will become effective immediately after posting the updates to this Policy and apply to all information collected about you, or where required, upon your consent. You agree that you will review this Policy periodically. If we make any changes to this Policy, we will change the "Last Updated" date above. You are free to decide whether or not to accept a modified version of this Policy, but accepting this Policy, as modified, is required for you to continue using our Sites. If you do not agree to the terms of this Policy or any modified version of this Policy, your sole recourse is to terminate your use of our Sites.