Tavistock Restaurant Collection

Effective Date: November 1, 2024 

1. INTRODUCTION 

Tavistock Restaurant Collection  (“TRC”, “we”, “us”, or “our”) values your privacy.  In this Privacy Policy (“Policy”), we describe what information we collect from you, why we collect it and use it, and how you can manage, export, and delete your information.  “You” or “Your” refers to you, a user of our Site or Services. 

This Policy explains how we collect, use, protect, and disclose personally identifiable information and data (“Personal Information”) when you use the TRC website at www. https://tavistockrestaurantcollection.com/.com (including our individual restaurant websites [see Schedule 1 for a list of these websites]) (collectively “Site”) and associated other applications and services, including our Preferred Guest Loyalty program (“Loyalty Program”), our free guest wifi, any online orders or purchase you make at our Site, and any reservations or bookings you make through our site, Opentable, and/or Tripleseat,  (collectively, the “Services”).   

Please note that you need to be a U.S. resident to register to our website and be a member in any of our programs.  By using and registering to our website and/or any of our loyalty programs, you acknowledge that you are a U.S. resident and that you do not reside in other countries, specifically that you do not reside in a country that is part of the United Kingdom, or the European Union or the European Economic Area.  

By using the Services, you hereby represent and acknowledge that you are not a resident of California. If, in the course of using the Services, you become a resident of California, you hereby agree to notify us immediately by sending us an email at pr*****@ta******************.com. .  

This Policy also explains your choices for managing your Personal Information preferences, including, solely to the extent you become a California resident, your rights under the California Consumer Privacy Act, as amended by the California Privacy Rights Act and its implementing regulations (collectively, the “CCPA”).  

This Policy is subject to the Terms and Conditions which govern any Services.  By accessing or using the Site or Services, you consent to and agree to be bound by this Policy and, depending on the Service, the relevant Terms and Conditions.  If you become a resident of California, additional provisions may apply to you as set forth in Appendix A below. 

Who Is Collecting Your Information 

The Site is operated by TRC, which is the controller for all Personal Information collected through the Site and Services and at our restaurants.  This Policy applies only to the Site, Services, and our restaurants.  

Managing Your Information Preferences 

You can request to review, correct, update, change, or delete the Personal Information you provided to us by contacting us at either the phone number or email address provided in this policy.  We will respond to your requests within the time period specified by applicable law, or if no time period is specified, we will use reasonable efforts to respond within thirty (30) days of receipt of the request, subject to any limitations in applicable law. 

If, once you become a California resident, you wish to exercise your rights under the CCPA, please review Appendix A below.  If you wish to opt-out of receiving email marketing communications, you can click the unsubscribe mechanism at the bottom of the email.   

Information We Collect 

1. Personal Information We Collect Directly From You 

We collect Personal Information that you choose to provide us, such as when you make a reservation at one of our restaurants, when you make a purchase at one of our restaurants, when you make a purchase from our Site, register for email communications, and/or when you register to our Loyalty Program through the Site, including, but not limited to, first and last name, gender, age, , address, phone number, email address, birthdate, favorite TRC locations and a user name and password for your Loyalty Program account (collectively, “Registration Information”).  When you sign up for our Loyalty Program, we ask for your consent to send marketing emails to you.  You may revoke this consent at any time as described in the section on “Managing Your Information Preferences.” When you make a purchase on our Site you consent for us to send marketing emails to you.  You make revoke this consent at any time as described in each email you receive. 

We also collect Personal Information when you sign up, use, or make an online order of food, memorabilia, and gift cards through our Site, or Services. We also collect Personal Information when you make a reservation at one of our restaurants, either through our site or Open Table (see https://www.opentable.com/legal/privacy-policy for OpenTable’s privacy policy which applies to their collection and use of your Personal Information) or Triple seat for private event bookings and sales (see https://tripleseat.com/privacy-policy/ for Tripleseat’s privacy policy which applies to their collection and use of your Personal Information). 

We also collect information regarding your transactions at our restaurants, including, but not limited to, payment card type and last four digits of your credit or debit card number (“Transaction Information”) which we use to fulfill your orders, administer our Loyalty Program, for marketing and promotions, and to develop and improve our products and services. 

If you apply for a job at one of our locations or online, we may collect certain information to process that information, including your name and contact information, race, ethnicity, gender and your resume (“Job Applicant Information”).  Our online job applicant portal is managed by Paylocity , which maintains the Personal Information on our behalf.  See https://www.paylocity.com/who-we-are/protecting-our-clients/privacy-center/  for Paylocity’s  privacy policy which applies to their collection and use of your Personal Information. 

From time to time, our Site may request Personal Information from you via surveys.  Participation in these surveys is completely voluntary.  Survey Personal Information will be collected and used for purposes of monitoring or improving the use, features, and performance of the Site and our other products and services. 

 2. Information We Collect Automatically From You 

We may automatically collect the following Personal Information about your use of our Site or Services through cookies and other technologies:  your domain name; your browser type and operating system; type of device; web pages you view; links you click; your IP address; your mobile device ID; the length of time you visit our Site or Services; and the referring URL, or the web page that led you to our Site (collectively, “Usage Information”).  We may combine this Usage Data with other information that we have collected about you, including, where applicable, your Personal Information.  Please see the section “Our Use of Cookies and Other Tracking Mechanisms” below for more information.  We use Usage Data to help us understand how people use the Site and Services, and to enhance our Site and the Services we offer. 

Geolocation. If you have provided permission through your device to allow us to collect location information through the App or our Website, we may obtain your physical location information in terms of latitude and longitude (“Geolocation Information”) from technologies like GPS, Wi-Fi, or cell tower proximity. You are able to withdraw your permission for us to acquire such physical location information from your device through your device settings, although we do not control this process. If you have questions about how to disable your device’s location services, we recommend you contact your mobile device service provider or the mobile device manufacturer. 

3. Information We Collect from Third Parties 

We may collect Personal Information that is provided about you through cookies, analytics or tracking tools placed on third-party websites, and through third-party social media networks (for example, if you log in our use our Site  through your social media account). We may also collect Personal Information from third-party vendors, including, but not limited to, vendors involved in lead generation or creating user profiles, and companies operating in the marketing or advertising space, including those that might serve targeted advertisements (“Advertising Partners”).  

4. How We Use Your Information 

We use your Personal Information for the following business purposes: 

• To provide our Site and Services to you, including reservations and services you request at our restaurants, to process, optimize and fulfill your online orders and other transactions, to communicate with you about your use of our Site, Services, promotions and other matters we think will interest you, to respond to your inquiries, to process job applications, to fulfill your orders, and for other customer service purposes; 

• To create and manage user accounts or profiles;  

• To tailor the content and information that we may send or display to you, to offer location customization, personalized help and instructions, and to otherwise personalize your experiences while using our Site or Services; 

• To provide support and assistance for the Site or Services; 

• To notify you about marketing and promotional opportunities and to market and sell the Services.  For example, we may use your information, such as your email address, to send you news and newsletters, special offers, and promotions, or to otherwise contact you about products or information we think may interest you.  We also may use the information that we learn about you to assist us in advertising our Site and Services on third-party websites; 

• To conduct promotions, such as sweepstakes, contests and giveaways, and to administer and operate our Loyalty Program; 

• To better understand how users access and use our Site and Services, both on an aggregated and individualized basis, in order to improve our Site and Services and respond to user desires and preferences, and for other research and analytical purposes, including product development; 

• To conduct surveys and ask guest for feedback; 

• To protect the Site or Services from fraud or security risks and to perform debugging;  

• To fulfill our legal obligations under applicable law, regulation or court order, to otherwise protect the rights, property or safety of users, Freebirds or another party, or to resolve disputes; and  

• To meet or fulfill any other reason for which you provided such Personal Information. 

4. How We Share Your Information 

We may share your Personal Information as follows: 

• Affiliates.  We may disclose the Personal Information we collect from you to our affiliates that own and operate our various restaurants; however, if we do so, their use and disclosure of your Personal Information will be maintained by them in accordance with this Policy. 

• Service Providers.  We may disclose the Personal Information we collect from you to third-party vendors, service providers, contractors or agents who perform functions on our behalf (“Service Providers”).  For example, we may contract with Service Providers to provide certain services, such as hosting and maintenance, security and fraud prevention, data storage and management, property management, support and customer service, product fulfillment and delivery, payment processing, analytics, and marketing and promotions. We use Paytronix to manage our Loyalty Program (see https://www.paytronix.com/privacy-policy/)and Paylocity for Job Applicant Information (see https://www.paylocity.com/who-we-are/protecting-our-clients/privacy-center/) and Tripleseat for private events (see https://tripleseat.com/privacy-policy/) OpenTable for reservations (https://www.opentable.com/legal/privacy-policy); Splash Access for guest wifi (https://www.splashaccess.com/privacy-policy/); and Event Brite for public ticketed events (https://www.eventbrite.com/help/en-us/articles/460838/eventbrite-privacy-policy/)  We only provide our Service Providers with the information or access to information necessary for them to perform these services on our behalf.  Each Service Provider must agree to use commercially reasonable security procedures and practices, appropriate to the nature of the information involved, in order to protect your Personal Information from unauthorized acquisition, access, use, or disclosure.  Service Providers may only use the Personal Information to provide services to TRC and are prohibited from using Personal Information other than as authorized by TRC under this Policy. 

• Business Transfers.  If we are acquired by or merged with another company, if substantially all of our assets are transferred to another company, or as part of a bankruptcy proceeding, or if we are in negotiations with respect to any such transaction, we may transfer the Personal Information we have collected from you to the other company or legal entity. 

• In Response to Legal Process.  We also may disclose the Personal Information we collect from you in order to comply with the law, a judicial proceeding, court order, or other legal process, such as in response to a subpoena. The parties to whom we may disclose such information are referred to in this Policy as “Government Parties”. 

• To Protect Us and Others.  We also may disclose the Personal Information we collect from you where we believe it is necessary to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person, violations of any applicable Terms and Conditions for Services provided through this Site or this Policy, or as evidence in litigation in which we are involved. 

• Aggregate and De-Identified Information.  We may share aggregate or de-identified Personal Information about users with third parties and publicly for marketing, advertising, research, or similar purposes. 

Except as noted in this Section 4, we do not disclose Personal Information to third parties, including for their direct marketing purposes, without your consent, except as explained in this Policy. 

5. Retention of Personal Information 

We generally retain Personal Information about you to accomplish the purpose for which such information was collected.  For example, we retain Personal Information of Loyalty Program members for as long as they are registered for  that program. We may also retain your Personal Information, including contact information, in our internal databases used to store customer information on an ongoing basis to be able to inform you of promotional offers that may be of interest to you, unless you have opted out of such communications or requested that we delete your information.  We also reserve the right to retain Personal Information as necessary to comply with law and our legal and accounting obligations.   

6. Our Use of Cookies and Other Tracking Mechanisms 

We and our Service Providers use cookies (for example, Google Ad word pixel for page search ads and a global tag manager and a Meta and Tik Tok tracking pixel for ads), web beacons, and other tracking mechanisms to track information about your use of our Site and Services.  We may combine this information with other Personal Information we collect from you (and our Service Providers may do so on our behalf). 

Currently, our systems do not recognize browser “do-not-track” requests.  You may, however, disable certain tracking as discussed in this section (e.g., by disabling cookies), but such disabling will impair use of the Site and Services. 

Cookies.  Cookies are alphanumeric identifiers that we transfer to your computer’s hard drive through your web browser for record-keeping purposes.  Some cookies allow us to make it easier for you to navigate our Site and Services, while others are used to enable a faster log-in process or to allow us to track your activities at our Site and Services.  There are two types of cookies:  session and persistent cookies. 

• Session Cookies.  Session cookies exist only during an online session.  They disappear from your computer when you close your browser or turn off your computer.  We use session cookies to allow our systems to uniquely identify you during a session or while you are logged into the Site.  This allows us to process your online transactions and requests and verify your identity, after you have logged in, as you move through our Site. 

• Persistent Cookies.  Persistent cookies remain on your computer after you have closed your browser or turned off your computer.  We use persistent cookies to track aggregate and statistical information about user activity. 

Disabling Cookies.  Most web browsers automatically accept cookies, but if you prefer, you can edit your browser options to block them in the future.  Visitors to our Site who disable cookies will not be able to browse certain areas of the Site or use the Services. 

Third-Party Analytics.  We use automated devices and applications (“Analytics Partners”), such as Google Analytics, to evaluate usage of our Site and Services, including to collect information such as browsing or search history, web page interactions, referring webpages and other statistics and usage information. For purposes of this Policy, such information is included in the definition of “Usage Information”.  We also may use other analytic means to evaluate our Services.  We use these tools to help us improve our Services, performance, and user experiences.  These entities may use cookies and other tracking technologies to perform their services.  We do not share your Personal Information with these third parties unless we have your prior consent to do so.  For more information on Google analytics, including how to opt-out, go to https://tools.google.com/dlpage/gaoptout. 

7. Security 

We maintain physical, technical, and administrative safeguards to protect the security of information transmitted to us through this Site or Services.  However, no data transmission over the Internet or other network can be guaranteed to be 100% secure.  As a result, while we strive to protect information transmitted on or through the Site or Services, we cannot and do not guarantee the security of any information you transmit on or through the Site or Services, and you do so at your own risk.  You are also responsible for maintaining the security of any password or user login credentials you are provided in connection with the Site or the Services, including your user login credentials for your Loyalty Program account.  You should use robust passwords that are not easily guessed.  We are not responsible for any unauthorized use of your user login credentials, but you should notify us immediately if you are aware or suspect unauthorized use of your Loyalty Program account. 

8. Links to Other Websites 

Our Site and Services may contain links to other websites, including websites that collect data or solicit Personal Information, or allow others to send you such links.  A link to a third-party’s website does not mean that we endorse it or that we are affiliated with it.  We do not exercise control over third-party websites and are not responsible for their privacy and security policies and practices.  You access such third-party websites or content at your own risk.  We encourage users to be aware when they leave this Site and to read the privacy policy of a third-party website before providing any information to the third-party website. 

9. Children’s Privacy 

We do not intend for our websites or other online services to knowingly collect or solicit any information from anyone under the age of 16 or knowingly allow minors under the age of 16 to disclose their Personal Information to us through our Site. We may allow you to join our Loyalty Program if you are between the ages of 16 and 18. However, we will not share or sell the Personal Information of any California consumer under the age of 16 without such person’s consent.  

If you believe that we might have any information from a child under 16, please contact us as directed below in the “How to Contact Us?” section.  You may mark your inquiry “COPPA Information Request.”  Parents can learn more about how to protect children’s privacy online at https://www.consumer.ftc.gov/articles/0031-protecting-your-childs-privacy-online. 

10. Processing in the United States 

Please be aware that, depending on your location, your Personal Information and communications may be transferred to and maintained on servers or databases located outside your state, province, or country.  If you are located outside of the United States, please be advised that we store all Personal Information in the United States.  The laws in the United States may not be as protective of your privacy as those in your location.  By using the Site or Services, you agree that the collection, use, transfer, and disclosure of your Personal Information and communications will be governed by the applicable laws in the United States. 

11. How to Contact Us? 

You may address all communications to (888) 443-6984, or email to pr*****@ta******************.com.  Please include your name, address, and phone number, or email in all communications and state clearly the nature of your request. 

12. Complaints 

If you feel that Freebirds has not complied with the policies outlined in this Policy, please contact us at (888) 443-6984, or email to pr*****@ta******************.com.  Please include your name, address, and phone number, or email in all communications and state clearly the nature of your request.  The Company will investigate and attempt to resolve complaints and disputes regarding use and disclosure of Personal Information in accordance with the principles contained in this Policy within thirty (30) days of receiving the complaint, unless a shorter period is required by law or longer period is allowed by law. 

13. Privacy Policy Changes 

We may change this Policy from time to time.  If we decide to change this Policy, we will inform you by posting the revised Policy on the Site.  For those who have registered for our Loyalty Program, we will notify you at the email address provided in your account; you should ensure that your email address ensure is updated and correct.  Any changes will go into effect on the “Revised” effective date shown in the revised Policy.  By continuing to use the Site or Services, you consent to the revised Policy. 

14. Nevada. 

Although we do not sell consumers’ personal information, out of abundance of caution and according to Nevada law, any Nevada consumer who wants opt out of the sale of personal information may submit a request by contacting us at pr*****@ta******************.com. Please note that we will take reasonable steps to verify your identity and the authenticity of the request. 

Appendix A - Your Rights Under the CCPA 

For clarity, the following shall only apply if you become a California resident.  

If you are a California resident who has provided Personal Information to TRC, or a California resident that reasonably believes that TRCs collected or stores your Personal Information, you may exercise your rights under the CCPA and submit your requests in one of the following methods:  (i) emailing pr*****@ta******************.com; or (ii) by calling the following toll free number (888) 443-6984. You may also use the foregoing contact information to submit questions or concerns about our privacy policies and information practices. 

You have the right to request TRC to: 

1. Disclose if we have collected Personal Information on you; 

1. Disclose the categories of Personal Information that we have collected on you (if any), the categories of sources from which such Personal Information is collected, the business or commercial purpose for collecting, selling or sharing such Personal Information, and the categories of third parties to whom we disclose Personal Information; 

1. Disclose the Personal Information that we have collected on you (if any); 

1. Delete Personal Information we have collected on you (if you satisfy the conditions set out in the CCPA); and 

1. Correct inaccurate Personal Information we maintain about you.  

Opt-Out of Sale or Sharing of Personal Information: We may “sell” or “share” your Personal Information as such terms are defined under the CCPA. In the past twelve (12) months, we may have sold or shared the following categories of Personal Information to Service Providers for purposes of database enhancement: Identifiers, Personal Information, Protected Classifications, Commercial Information, Internet or other similar network activity, Professional or employment related information, and Demographic Information.  We do not have actual knowledge of selling or sharing the Personal Information of any consumers under the age of 16. You have the right to opt-out of the sale or sharing of such Personal Information by clicking the “Do Not Sell or Share My Personal Information” link on our webpage, by calling our toll free number at (888) 443-6984  or emailing us at pr*****@ta******************.com.  

In order to submit a request, we will need to verify your identity.  If you have an account with us that is password-protected, we may verify your identity through our existing authentication practices for your account.  

If you do not have an account with us, and your request concerns “categories” of Personal Information collected, we may request from you two data points of personal information to verify your identity.  If you do not have an account with us, and your request concerns specific Personal Information, we may request from you at least three data points of Personal Information as well as a signed declaration with penalty of perjury to verify your identity. 

Your authorized agent may also make requests under the CCPA on your behalf by following the process described above.  

Please note that following your verified request, we will send you your Personal Information from the following email address: pr*****@ta******************.com (Any response to your request, including any Personal Information may be sent as an encrypted file). 

Please note that once you have submitted a request, we will send you a receipt, acknowledging your request, within 10 days, except for opt-out requests, which will be processed according to the CCPA regulations.  If, for some reason, you do not receive such a receipt within 10 days of your submitted request, please send us an email to pr*****@ta******************.com as an error may have occurred.  We will process and respond to your request within 45 days after it is received (in some cases, as is allowed under the CCPA, this process may be extended by an additional 45-90 days). 

Please note, that regarding requests under subsections (a), (b), and (c) above, you may only make two requests in a 12-month period, and the information provided need only cover the 12-month period prior to your request. 

You have the right not to receive discriminatory treatment from us for the exercise of your privacy rights under the CCPA.  We hereby inform you that if you exercise any of your rights under the CCPA we may not deny you goods or services for that reason, or subject you to different prices than those paid by other consumers, unless provided otherwise under the CCPA, Federal, or State law. 

Notice of Financial Incentive 

By providing Registration Information in connection with and signing up for our Loyalty Program (through the Site, the App, or in-person), you may receive certain benefits, discounts, differences in price or service, and other offerings.  You may withdraw from the Loyalty Program at any time by opting out per the instructions in the Loyalty Program or by contacting us a pr*****@ta******************.com.  Such withdrawal, or a request made by you to us to delete your Personal Information, may prevent you from receiving associated benefits, discounts, differences in price or service and other offerings. We use Personal Information provided through the Loyalty Program to provide the Loyalty Program and improve the Services provided to you and other consumers. The value of Loyalty Program benefits to consumers may vary as individual members take advantage of Loyalty Program benefits to varying degrees and offers may vary based on an individual member’s location, interests and other factors. This make it difficult to provide a value of the Personal Information However, we believe, based on the costs associated with providing the Loyalty Program, the Site and other Services to consumers, that the value of the Personal Information provided to TRC in connection with the Loyalty Program is reasonably related  to the value of the improvements made to the Services and benefits to our customers who participate in the Loyalty Program.  

Sensitive Personal Information  

We do not collect sensitive personal information as that term is defined under the CCPA for purposes of inferring characteristics about a person, and therefore, are not required to offer the right to limit the use of sensitive personal information.  

Notice of Information We Collect 

Pursuant to California Civil Section 1798.100(b), this serves as notice of the categories of Personal Information that we collect through the Site and Services and the commercial purposes for which the information was collected.  Please note that all of the categories of Personal Information we collect about you (as detailed below) come from the following categories of sources: 

• You, including through your use of our services; 

• Automatically collected from you; 

• Our affiliate companies; and  

• Third parties, including, but not limited to, Analytics Partners, vendors for lead generation and user profile creation, Advertising Partners, and social media networks.  

In particular, the Site and Services have collected the following categories of Personal Information from California consumers for the following commercial purposes, and disclosed such information to the following categories of third parties, in each case, within the last twelve (12) months: 

Category	Collected	Commercial Purpose	Categories of Third Parties to whom Such Information is Disclosed	Whether Such Information is Sold or Shared
Identifiers.	Registration Information	To provide the Site and Services     To review, process and evaluate job applicants	Service Providers    Advertising Partners	Shared
	Transaction Information	To administer and provide Loyalty the Program    To fulfill orders	Service Providers     Analytics Partners	Shared
	Usage Information	For marketing and promotional purposes     To contact you in response to your inquiries     For security and fraud prevention purposes     To optimize your use of our Site and mobile application	Service Providers     Analytics Partners	Shared
Personal  information categories listed in the California Customer Records  statute (Cal. Civ. Code § 1798.80€).	Registration Information	To reserve and provide the Site and Services     For security and fraud prevention purposes	Service Providers	Shared
	Job Applicant Information	To review, process and evaluate job applicants     To comply with legal reporting requirements	Service Providers	Shared
Protected  classification  characteristics under  California or federal law.	Job Applicant Information	To comply with legal reporting requirements	Government Parties	Shared
Commercial information.	Transaction Information, including, but not limited to, purchase history, consumer profiles and data relating to the frequency of purchases or other consumer habits	To administer the Loyalty Program     To provide goods and Services     To develop and improve goods and Services     For marketing purposes     To optimize your use of our Site  and mobile application	Service Providers    Analytics Partners	Shared
Biometric information.	No
Internet or other similar network activity.	Usage Information	To evaluate, develop and improve the performance, features, and functionalities of the Site and the Services     For marketing purposes	Service Providers    Analytics Partners	Shared
Geolocation data	Geolocation Information	To provide goods and Services and optimize your use of the Services	Mobile device service providers and manufacturers	N/A
Sensory data.	No
Professional or employment-related information.	Job Applicant Information	To review, process, and evaluate job applicants	Service Providers    Government Parties	Shared
Non-public  education information  (per the Family  Educational Rights  and Privacy Act (20  U.S.C. Section 1232g,  34 C.F.R. Part 99)).	No
Inferences drawn from other personal information.	No
Demographic Information	Age/date of birth, zip code, gender, race, ethnicity, marriage status	To administer the Loyalty Program    To provide and improve the Site and Services    For marketing purposes	Service Providers    Advertising Partners     Analytics Partners	Shared