Effective Date: November 1, 2024
1. INTRODUCTION
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
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
2. Information We Collect Automatically From You
4. How We Use Your Information
- 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. Mobile Messaging Terms
Such consent is not a condition of making any purchase. The frequency of such text messages will vary.
You can opt out from receiving SMS/MMS text messages by responding STOP to any message you receive from us.
Message and data rates may apply for any messages sent to and by you. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. You represent that you are the account holder for the mobile telephone number that you provide when enrolling in our text messaging program. If you change or deactivate that number, you are responsible for notifying us immediately. Neither we, our vendors, nor any mobile carrier is liable for delayed or undelivered messages. You agree to indemnify us in full for all claims, expenses, and damages related to or caused in whole or in part by your failure to notify us if you change your telephone number, including, but not limited to, all claims, expenses, and damages related to or arising under the Telephone Consumer Protection Act.
Message and data rates may apply for any messages sent to and by you. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. You represent that you are the account holder for the mobile telephone number that you provide when enrolling in our text messaging program. If you change or deactivate that number, you are responsible for notifying us immediately. Neither we, our vendors, nor any mobile carrier is liable for delayed or undelivered messages. You agree to indemnify us in full for all claims, expenses, and damages related to or caused in whole or in part by your failure to notify us if you change your telephone number, including, but not limited to, all claims, expenses, and damages related to or arising under the Telephone Consumer Protection Act.
We may suspend or terminate this program or the sending of automated marketing messages at any time in our sole discretion.
6. Retention of Personal Information
7. 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.
- 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.
8. 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.
9. 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.
10. 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.
11. 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.
12. How to Contact Us?
13. Complaints
14. 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.
15. Nevada.
Appendix A – Your Rights Under the CCPA
For clarity, the following shall only apply if you become a California resident.
- Disclose if we have collected Personal Information on you;
- 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;
- Disclose the Personal Information that we have collected on you (if any);
- Delete Personal Information we have collected on you (if you satisfy the conditions set out in the CCPA); and
- Correct inaccurate Personal Information we maintain about you.
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.
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
Sensitive Personal Information
Notice of Information We Collect
- 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 |