PRIVACY NOTICE

Last updated April 2022

Thank you for choosing to be part of our community at The Dirty Bird Lounge LLC. We are committed to protecting your personal information and your right to privacy. If you have any questions or concerns about our notice, or our practices with regards to your personal information, please contact us at thedirtybirdlounge@yahoo.com

When you visit our website https://thedirtybirdlounge.com/, and use our services, you trust us with your personal information. We take your privacy very seriously. In this privacy notice, we describe our privacy policy. We seek to explain to you in the clearest way possible what information we collect, how we use it and what rights you have in relation to it. We hope you take some time to read through it carefully, as it is important. If there are any terms in this privacy notice that you do not agree with, please discontinue use of our Sites and our services.

This privacy notice applies to all information collected through our website (such as https://thedirtybirdlounge.com/), and/or any related services, sales, marketing or events (we refer to them collectively in this privacy notice as the “Services“).

Please read this privacy notice carefully as it will help you make informed decisions about sharing your personal information with us.

1.  WHAT INFORMATION DO WE COLLECT?

Information automatically collected

In Short: We typically collect two kinds of information about you when you use our Services: (a) information that you provide us that personally identifies you and (b) information that does not personally identify you – such as IP address and/or browser and device characteristics – that is collected automatically when you visit our Services.

Depending on the nature of your relationship with us, we may collect the following categories of personal information about you:

• Identity Data such as first and last name, date of birth, gender, and military or veteran status.
• Contact data such as postal address and/or zip code, email address, phone number.
• Marketing and Communications Data such as demographic information, dining preferences, who you typically dine with, when you normally visit our restaurant locations, and how often you visit our restaurant locations.
• Usage Data such as information about how you access and use our Sites and mobile applications, including IP address, location data, external social network credentials, and mobile application log-in credentials.
• Sensory Data such as data from phone recordings and security cameras.

2.  WHAT ARE OUR BUSINESS PURPOSES FOR COLLECTING PERSONAL INFORMATION?

In Short: We process your information for purposes based on legitimate business interests, the fulfillment of our contract with you, compliance with our legal obligations, and/or your consent.

We use personal information collected via our Services for a variety of business purposes described below. We process your personal information for these purposes in reliance on our legitimate business interests, in order to enter into or perform a contract with you, with your consent, and/or for compliance with our legal obligations. We indicate the specific processing grounds we rely on next to each purpose listed below.

We use the information we collect or receive:

To deliver targeted advertising to you. We may use your information to develop and display content and advertising (and work with third parties who do so) tailored to your interests and/or location and to measure its effectiveness.

To enforce our terms, conditions and policies for Business Purposes, Legal Reasons and Contractual.

To respond to legal requests and prevent harm. If we receive a subpoena or other legal request, we may need to inspect the data we hold to determine how to respond.

For the following Business Purposes:

• data analysis,
• Identifying usage trends,
• Determining the effectiveness of our promotional campaigns and to evaluate and improve our Services, products, marketing and your experience,
• Providing and improving our services, including quality assurance, research and development, and prevention of fraud and illegal activity
• Providing use of our services, including our loyalty programs and mobile applications
• Processing orders or other transactions made on our sites or mobile applications

We may use and store this information in aggregated and anonymized form so that it is not associated with individual end users and does not include personal information. We will not use identifiable personal information without your consent.

3.  WHAT SOURCES DO WE RECEIVE PERSONAL INFORMATION FROM?

We receive or collect personal information from the following sources:

• Directly from you, the user/consumer
• Through our own observations and records of your interactions and transactions with us, whether through this website or one of our locations
• Cookies and other tracking technologies

4. CATEGORIES OF THIRD PARTIES TO WHOM PERSONAL INFORMATION WAS DISCLOSED IN THE LAST 12 MONTHS

Vendors, Consultants and Other Third-Party Service Providers. We may share your data with third party vendors, service providers, contractors or agents who perform services for us or on our behalf and require access to such information to do that work. Examples include: payment processing, data analysis, email delivery, hosting services, customer service and marketing efforts. We may allow selected third parties to use tracking technology on the Services, which will enable them to collect data about how you interact with the Services over time. This information may be used to, among other things, analyze and track data, determine the popularity of certain content and better understand online activity. Unless described in this Policy, we do not share, sell, rent or trade any of your information with third parties for their promotional purposes.

Business Transfers. We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.

Third-Party Advertisers. We may use third-party advertising companies to serve ads when you visit the Services. These companies may use information about your visits to our Website(s) and other websites that are contained in web cookies and other tracking technologies in order to provide advertisements about goods and services of interest to you.

Legal Obligations: We may disclose your information where we are legally required to do so in order to comply with applicable law, governmental requests, a judicial proceeding, court order, or legal process, such as in response to a court order or a subpoena (including in response to public authorities to meet national security or law enforcement requirements).

Vital Interests: We may disclose your information where we believe it is necessary to investigate, prevent, or take action regarding potential violations of our policies, suspected fraud, situations involving potential threats to the safety of any person and illegal activities, or as evidence in litigation in which we are involved.

5. DO WE SELL ANY OF YOUR PERSONAL INFORMATION?

The Company does NOT and will not sell your personal information in exchange for monetary consideration. However, we may provide some of your information to third parties for other valuable consideration. Specifically, we may share information with third party websites and social media platforms about visitors to the Service for purposes of targeting advertisements of our products and services to you when you visit other websites. The Company allows IP addresses and other cookie-related data to be collected in an automated manner and managed by our marketing vendors in order to provide you with targeted ads based on what you appear to be interested in as a result of your activity online, both on the Service and elsewhere. If you opt-out, you will still see ads but they will not be personalized based on your online activity. Other than this sole exception, we do not and will not disclose your personal information to any third party in exchange for monetary or other valuable consideration. We do not at any point or under any circumstance sell or otherwise trade the personal information of minors.

6. DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?

In Short: We may use cookies and other tracking technologies to collect and store your information.

We may use cookies and similar tracking technologies (like web beacons and pixels) to access or store information. Specific information about how we use such technologies and how you can refuse certain cookies is further described in Section 11 below.

7. DO WE USE GOOGLE MAPS?

This website, mobile application, or Facebook application uses Google Maps APIs. You may find the Google Maps APIs Terms of Service here. To better understand Google’s Privacy Policy, please refer to  this link.

By using our Maps API Implementation, you agree to be bound by Google’s Terms of Service. You agree to allow us to obtain or cache your location. You may revoke your consent at anytime.

8. HOW LONG DO WE KEEP YOUR INFORMATION?

In Short: We keep your information for as long as necessary to fulfill the purposes outlined in this privacy notice unless otherwise required by law.

We will only keep your personal information for as long as it is necessary for the purposes set out in this privacy notice, unless a longer retention period is required or permitted by law (such as tax, accounting or other legal requirements). No purpose in this policy will require us keeping your personal information for longer than 90 days.

When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.

9. HOW DO WE KEEP YOUR INFORMATION SAFE?

In Short: We aim to protect your personal information through a system of organizational and technical security measures.

We have implemented appropriate technical and organizational security measures designed to protect the security of any personal information we process. However, please also remember that we cannot guarantee that the internet itself is 100% secure. Although we will do our best to protect your personal information, transmission of personal information to and from our Services is at your own risk. You should only access the services within a secure environment.

10. DO WE COLLECT INFORMATION FROM MINORS?

In Short: We do not knowingly collect data from or market to children under 18 years of age.

We do not knowingly solicit data from or market to children under 18 years of age. By using the Services, you represent that you are at least 18 or that you are the parent or guardian of such a minor and consent to such minor dependent’s use of the Services. If we learn that personal information from users less than 18 years of age has been collected, we will deactivate the account and take reasonable measures to promptly delete such data from our records. If you become aware of any data we have collected from children under age 18, please contact us at thedirtybirdlounge@yahoo.com

11. WHAT ARE YOUR PRIVACY RIGHTS?

In Short: You may review, change, or terminate your account at any time.

Cookies and similar technologies: A cookie is a small piece of data that a website can send to your browser, which may then be stored on your hard drive as a “tag” that identifies your computer. Cookies help to navigate from page to page on a website, provide secure connections, gather statistics about the usage and effectiveness of our site, and remembers preferences from a previous visit, when you return.

We use third-party services for analytics and interest-based advertising purposes. These service providers and ad partners may use cookies alone or in conjunction with unique identifiers, beacons, and other tracking technologies to collect information about you when you use our Services open our emails, or interact with our ads.

Most Web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove cookies and to reject cookies. If you choose to remove cookies or reject cookies, this could affect certain features or services of our Services. To opt-out of interest-based advertising by advertisers on our Services visit http://www.aboutads.info/choices/.

12. CONTROLS FOR DO-NOT-TRACK FEATURES

Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track (“DNT”) feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. No uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this privacy notice.

13. DO CALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?

In Short: Yes, if you are a resident of California, you are granted specific rights (“Right to Know”, “Right to Delete” and “Right to Opt-out”) regarding access to your personal information.

Right to Know:

The right to request, up to 2 times in a 12-month period, that we identify to you (1) the categories of personal information we have collected, disclosed or sold about you in the last 12 months, (2) the categories of sources from which the personal information was collected, (3) the business purpose for which we use this information, and (4) the categories of third parties with whom we share or have shared your personal information in the last 12 months.

Right to Access:

The right to request, up to 2 times in a 12-month period, that we provide you access to or disclose to you, free of charge, the specific pieces of personal information we have collected about you in the last 12 months;

Right to Delete:

The right to request, up to 2 times in a 12-month period, that we delete personal information that we collected from you, subject to certain exceptions.

If you are under 18 years of age, reside in California, and have a registered account with the Services, you have the right to request removal of unwanted data that you publicly post on the Services.

Right to Opt-Out:

If you would like to opt-out of any sale of your Personal Information, please follow the processes under “Exercising California Privacy Rights”.

California law does not permit us to discriminate against you because you exercised any your rights under this title, including, but not limited to, by: denying you access to goods or services; charging different prices or rates for goods or services, including through the use of discounts or other benefits or imposing penalties; providing a different level or quality of goods or services; or suggesting that you will receive a different price or rate for goods or services or a different level or quality of goods or services.

We may, however, charge different prices or rates, or provide a different level or quality of goods or services, if that difference is reasonably related to the value provided to us by your personal information. In addition, we may offer you financial incentives for the collection, sale, and retention and use of your personal information as permitted by the CCPA that can, without limitation, result in reasonably different prices, rates, or quality levels.

Exercising California Privacy Rights

To make a request under the California Consumer Privacy Act, please provide sufficient information for us to determine if this applies to you, under penalty of perjury attest to the fact that you are a California resident, and provide your current California address, to which we will send our response. Please send a written request with your first name, last name, street address, city, state, zip code and email address you used on our site, Written request should be mailed to: The Dirty Bird Lounge: 926 B St, Hayward, CA 94541. You may also call (510) 398-8014.

How we will verify that it is really you submitting the request:

When you submit a Right to Know, Right to Access, or Right to Delete consumer request through one of the methods provided above, we will ask you to provide some information in order to verify your identity and respond to your request. Specifically, we will ask you to verify information that can be used to link your identity to particular records in our possession, which depends on the nature of your relationship and interaction with us. For example, we may need you to provide your name, address, email, phone number, and information regarding the nature of your interaction or transaction. If your sole interaction with us was as a website visitor, then in order to verify your identify, we may need to ask you to provide your name, email, phone number, IP address, device ID, browser ID, and/or cookie ID.

How to authorize an agent to act on your behalf

You can authorize someone else as an Authorized Agent who can submit a consumer request on your behalf. To do so, you must either (a) execute a valid, verifiable, and notarized Power of Attorney or (b) provide other written authorization that we can then verify. When we receive a consumer request submitted on your behalf by an Authorized Agent, that person will be asked to provide written proof that they have your permission to act on your behalf, and we will also contact you and ask you for information to verify your own identity directly with us and not through your Authorized Agent.

14. DO NEVADA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?

Under Nevada law, Nevada residents may opt out of the sale of certain “covered information” collected by operators of websites or online services. We currently do not sell covered information, as “sale” is defined by such law, and we don’t have plans to sell this information. It is your responsibility to check back to this website where any changes to this policy will be posted.

15. WHAT IF I AM NOT A CALIFORNIA RESIDENT?

If you live outside of California, please contact thedirtybirdlounge@yahoo.com with any general questions regarding our privacy policy.

16. DO WE MAKE UPDATES TO THIS POLICY?

In Short: Yes, we will update this policy as necessary to stay compliant with relevant laws.

We may update this privacy notice from time to time. The updated version will be indicated by an updated “Revised” date and the updated version will be effective as soon as it is accessible. If we make material changes to this privacy notice, we may notify you either by prominently posting a notice of such changes or by directly sending you a notification. We encourage you to review this privacy notice frequently to be informed of how we are protecting your information.