BURTONS GRILL PRIVACY POLICY

Last Revised: June 12, 2023

Overview

This Privacy Policy (“Policy”) is designed to help you understand the types of personal information we at Burtons Grill, LLC (“Burtons”, “we”, “us”, or “our”) collect, how we use it, when it may be disclosed, and the rights and choices you have with respect to your personal information. It also explains how we communicate with you and how you can make requests or submit inquiries to us about your personal information. We appreciate you taking the time to read this Policy and understand our data and privacy related practices.

This Policy applies to all personal information that we collect during any written, electronic, and oral communications online or offline when you:

• interact with our websites located at https://burtonsgrill.com/, and any other websites, pages, features or content we own or operate (collectively, the “Site(s)”);
• use our mobile applications branded as “Burtons Grill” (the “App(s)”);
• visit one of our restaurants (the “Restaurant(s)”); or
• otherwise interact with our products or services that direct you to this Policy (collectively, the “Service(s)”).

By continuing to use our Services, you acknowledge this Privacy Policy, and agree to our Terms and Conditions (“Terms”).  If you are not comfortable with any part of this Policy or do not agree with the Terms, please immediately discontinue access or use of our Services.

We may make changes to this Policy from time to time. We will notify you of any material changes to this Policy and will update the Last Revised date at the beginning of this Policy. We encourage you to look for updates and changes to this Policy when you access our Services.

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

Burtons collects certain personal information about you and your use of our Services. Personal information is typically data that identifies an individual or relates to an identifiable individual. The definition of personal information depends on the applicable law based on your physical location. Only the definition that applies to your physical location will apply to you under this Policy. The personal information that we collect depends on your interactions with us, and the choices you make.

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, such as, your first and last name, address, postal code, email address, phone number, preferred store and/or a unique individual password.
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, and/or phone number.
3. Make Reservation. We may collect guest information, such as your first and last name, email address, phone number, and any note you would like to leave the restaurant when you make a reservation at one of our restaurants online.
4. Payment Information. When you place orders, purchase, send or reload gift cards, we may collect your name, payment card information, shipping and billing addresses, and phone numbers.
5. Customer Support. When you engage with our support team, we may collect certain information including copies of your correspondence (including email addresses), social media handles, or additional information you choose to share with us.
6. Newsletter Sign-ups. You may choose to provide us your email address if you wish to receive information about Burtons’ news, events and offers.
7. 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.
8. Feedbacks. We may collect your name, email, phone number, locations and dates that you visited our restaurants and other information you would like to share with us in the feedback form. 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.
9. Loyalty Program. When you sign up to participate in our Loyalty Program online or offline to earn points and rewards, we may collect your name, email address, birthday, and phone number.
10. 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. 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 Services. We will use your personal information to provide information or perform Services that you request, including managing your request to register an account, make a reservation, place an order, purchase a gift card, or join the loyalty 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.
2. 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 orders or reservations, 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.
3. 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.
4. 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.
5. 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.
6. 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.
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. For any other purpose disclosed to you prior to you providing us your personal information or which is reasonably necessary to provide the services or other related services requested, with your permission or upon your direction.

3. How We Disclose Your Personal Information

We disclose 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. With Our Service Providers. We may disclose 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 order management, credit card processing, website hosting, reservation management, feedback management, analytics services, surveys and research services, and network maintenance.
2. Within Our Corporate Organization. We may disclose your personal information within our organization to provide you with the Services and take actions based on your request, such as our parent company, subsidiaries, and corporate affiliates, joint venturers, or other companies under common control with us.
3. 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.
4. For Legal Compliance & Safety. We may access, preserve, and disclose information about you if we believe doing so is required or appropriate to (a) comply with law enforcement requests and legal processes, such as a court order or subpoena; (b) comply with requests from auditors, examiners or other regulators; (c) exercise, establish or defend our legal rights; or (d) protect your, our, or others’ rights, property or safety.
5. With Our Business Partners. Subject to applicable law, we may disclose your personal information to our business partners, such as, for permitted marketing purposes, or for co-sponsored events based on your voluntary participation.
6. With Your Consent. We may share your personal information with other companies if you give us permission or direct us to share your information.

4. 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 may use third-party service providers to monitor and analyze the use of our career website, such as Google Analytics.  Google Analytics is a web analytics service offered by Google LLC (“Google”) that tracks and reports website traffic. For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: https://policies.google.com/privacy?hl=en. Google Analytics Opt-out Browser Add-on provides visitors with the ability to prevent their data from being collected and used by Google Analytics, available at: https://tools.google.com/dlpage/gaoptout.

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.

5. How We Protect Your Personal Information

We follow generally accepted standards to protect the personal information submitted to us, both during transmission and once it is received. We maintain our Services and all associated information with technical, administrative, and physical safeguards to protect against the loss, unauthorized access, destruction, misuse, modification and improper disclosure of 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. If 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 Choices

Marketing Communications. When you no longer wish to receive these marketing emails from us, you can unsubscribe at any time by following the instructions contained within such messages, or emailing us at privacy@burtonsgrill.com.

Your Privacy Rights. Depending on applicable law where you reside or are located, you may be able to assert certain rights identified below with respect to your personal information. If any of the rights listed below are not provided to you under the law that governs the processing of your personal information, we have absolute discretion in providing you with those rights. Please refer to the “What Rights Apply” section to determine the rights you have in the jurisdiction you reside.

Please note, your rights in relation to your personal information are not absolute. Depending upon the applicable law, access to your rights under the applicable law may be denied: (i) when denial of the request is required or authorized by law; (ii) when granting the request would have a negative impact on another’s privacy; (iii) to protect our rights and properties; (iv) where the request is frivolous or vexatious, or for other reasons.

What Rights Apply. To determine which rights you have, please refer to the table below that references the rights as described above.  U.S. States not listed either do not have a law providing such rights, or it does not apply to our operations.

Submitting a Request to Exercise Your Rights.  In addition to the methods specified above, you may exercise these rights by emailing us at privacy@burtonsgrill.com with the subject line “Consumer Rights Request”.  In your request, please make clear which right you would like to exercise. Before fulfilling your request, we are required by law to have 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.

You may use an authorized agent to submit a rights request on your behalf.  If you use an authorized agent to submit requests on your behalf, we will require you to directly verify your identity with us, or have you directly confirm with us that the authorized agent has been authorized to act on your behalf.

8. Children’s Information

Our Services are not directed to, and we do not knowingly collect personal information from, children under the age of 16. If you are under 16, 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 16 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 file systems, 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

Burtons’ business operates in the United States. Our Services are not intended for international users. Thus, when you access and submit personal information to Burtons, 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. Additional Notice to California Residents

The California Consumer Privacy Act, as amended by the California Privacy Rights Act (“California Privacy Law”) requires us to disclose the following additional information related to our privacy practices. If you are a California resident, this section applies to you in addition to the rest of this Policy.

Categories of Personal Information Collected, Used, and Disclosed

In the preceding 12 months, depending how you interact with our Services, we may have collect the following categories of personal information (as defined under Cal. Civ. Code  §1798.140(v)(1)):

• Identifiers, such as your name, shipping and billing address, unique personal identifier, email, phone number, or similar identifiers.
• Commercial information, such as your purchase history, transaction records, payment information, order and reservation records, loyalty program participation,
• Internet or other electronic network activity information, such as technical information, including the Internet protocol (IP) address used to connect your computer to the Internet, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform, and information about your visit, including your browsing history, search history, the webpage visited before you came to our Site, length of visit and number of page views, click-stream data, locale preferences, your mobile carrier, and system configuration information.
• Audio or Visual information, such as your video recording through our Restaurant’s CCTV footage.
• Geolocation data, such as geolocation, to the extent you have configured your device to permit us to collect such information.
• Inferences drawn from any of the information listed above, such as your menu preferences, characteristics, and behavior.

For more information about the personal information we collect and how we collect it, please refer to Section 1 above, “Personal Information We Collect.” For more information about the business purposes for which we collect your personal information, please refer to Section 2 above, “How We Use Your Personal Information.”  To learn the categories of third parties with whom we may share your personal information, please refer to Section 3 above, “How We Share Your Personal Information.”

Please see Section 7 to understand how to exercise applicable privacy rights under California Privacy Law. Please note, if you use an authorized agent to submit requests on your behalf, we will require you to directly verify your identity with us, or have you directly confirm with us that the authorized agent has been authorized to act on your behalf.

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.

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 information, send us an email at privacy@burtonsgrill.com, or reach out to our customer support.