Last updated: February 18th, 2024

We believe in transparency, and we’re committed to being upfront about our privacy practices, including how we treat your personal information. We want you to understand how we handle your data. We also want you to know your rights and choices. IF YOU DO NOT CONSENT AND AGREE WITH THE TERMS OF THIS PRIVACY POLICY, YOU CANNOT, AND WE DO NOT AUTHORIZE YOU TO, ACCESS, BROWSE, OR USE BURGR.

This Privacy Policy (“Policy”) describes how we handle your data when you use the services listed here:

• Burgr website
• our newsletters
• our mobile app, such as Burgr (“Apps”)
• all related social media pages
• anywhere else we gather information about you and refer to this Policy

For simplicity, we collectively call these services the “Platform” in this Policy.

How we handle your information depends on which service on the Platform you use, and how you use them. This Policy explains the types of information we collect when you use the Platform, how we use information, why we disclose information to other parties, and your rights and controls over information about you. 

We encourage you to read this Policy carefully. Please contact us with any questions.

Burgr LLC operates the Platform and is referred to in this Policy as “Burgr”, “we”, “our” or “us.” By using or accessing the Platform, you acknowledge that you have read, understand and agree to be bound by this Policy.

1. When this Policy applies

This Policy is effective as of February 18, 2024 and was last modified on February 18, 2024. This Policy supplements our Terms of Use, which govern your use of the Platform.

1. Update to this Policy

Because the Platform changes often, this Policy will change over time. Anytime we modify the Policy, we will post a revised version on the Platform and update the Last Updated date above. If you have given us your contact information, we will notify you before any material changes take effect, so you have time to review them.
Please review this Policy periodically to make sure you’re aware of the current Policy. For any questions about changes to this Policy, please contact us as described in the "Contact Us" section below.
Your use of the Platform on or after the Last Updated date above constitutes your acceptance of this Policy. If you do not accept the current Policy, you stop using Platform and request deletion of your Account by contacting us at hello@burgr.app with the subject header “Delete My Account”.
Finally, our use of your information to facilitate advertising targeted to you is described under the "Disclosure of Personal Information" section.

1. Location-specific sections

The Platform operates from the United States, but can be accessed worldwide. Parts of this Policy apply only to residents of specific areas:

• California residents should consult the “Rights Under California Law” section.
• Residents of countries where GDPR applies, such as most European users, should consult the “Rights under GDPR” section.
• All non-U.S. residents should consult the “International Data Transfers” sections.

You may use many of our websites and apps and interact with their content without providing any information about yourself. However, to use some aspects of the Platform, you may need or choose to provide us with information about you. Information you provide may fall into these categories and may be provided when you use the Platform in these ways:

Category

Types of data

Examples

Account Data

Name, email address

• Establish an account
• Subscribe or opt-in to our newsletters, alerts, or other communications

Communications

Content of communications

• Contact us or otherwise communicate with us in any way

User Content

Images and reviews uploaded through our Apps; comments and other content you post on the Platform

• When you instruct us to post content, such as images, reviews or comments, through your Account (including, for example, on Burgr). 

As you use the Platform, we generate technical data about which features you have used, how you have used them, and the devices you used to access our services, including:

Category

Data types and details

Identifiers

Account Data and unique identifiers collected when you use the Platform, including from Service Providers and Third Parties

Protected Classification Characteristics

We do not intentionally collect this information, but it may be revealed in profile data or other information we collect

Device Information

Your device interacts with our Platform, such as its IP address, advertising IDs (randomly generated numbers, resettable through the device’s settings, such as Apple IDFA or Android Advertising ID), browser and operating system, internet service provider, and certain device and browser settings.

Inferences

Derived from any other personal information we have collected about you

Geolocation

Imprecise location derived from your IP address or account information; precise geolocation (only collected with your consent)

If you choose to connect to our Platform through a third-party social network such as Facebook, Twitter, or Instagram (a “Social Network”), we receive information from your Social Network profile, such as your name, username, and e-mail, and we will use that information in accordance with this Policy. In addition, our Platform may offer features allowing you to “Share”, “Like” or otherwise interact or engage with a Social Network. If you decide to use those features, information may be exchanged with the Social Network. Check the privacy policy of each Social Network before using such features.

When you access certain services, like some of our apps, through a mobile device, you may be asked to share your precise (GPS level) geo-location information with us so we can customize your experience and the content you receive.

You may change location sharing settings for each app at the device level at any time.

We use your information to provide our services, deliver and improve our content and services, to communicate with you, to provide you with advertising that may be of interest to you, and to comply with applicable law. Here is detailed explanation of the various reasons for which we use your information, together with practical examples:

1. To provide our content and products to you, including via your account
   • Create and manage your account
   • Provide you with customer support and respond to your requests
   • Communicate with you about our services

1. To manage your account or fulfill product orders
   • Register you on the services to allow you to purchase goods or services
   • Administer your account on new features and apps

1. To improve our services and develop new ones
   • Administer focus groups, market studies and surveys
   • Review interactions with customer teams to improve our quality of service
   • Develop new content and services

1. To operate advertising and marketing campaigns
   • Administer sweepstakes, contests, discounts or other offers
   • Text you, after you have given your consent and only until you withdraw it, about offers, including on a personalized basis.
   • Customize advertising to you based on technical data and information about you in de-identified or hashed, non-human readable form (which constitute ‘sharing’ or ‘selling’ of your personal information within the meaning of CCPA)
   • Perform and measure the effectiveness of advertising campaigns on our services and marketing campaigns off of the Platform
   • Communicate with you about products or services that we believe may interest you
   • We also ‘share’ (as defined in CCPA) personal information for commercial purposes, such as to advertise and market our products. We ‘share’ personal information with the third parties described under personalized ads and with your consent or at your request. In addition, those third parties may receive Identifiers, Geolocation about you.

1. To prevent, detect and fight fraud and other illegal or unauthorized activities
   • Find and address ongoing, suspected or alleged violations of our Terms of Use
   • Better understand and design countermeasures against violations of our Terms of Use
   • Retain data related to violations of our Terms of Use to prevent against recurrences
   • Enforce or exercise our rights; for example, those in our Terms of Use

1. To ensure legal compliance
   • Comply with legal requirements. For example, we retain traffic data and data about transactions in line with our accounting, tax and other statutory data retention obligations and to be able to respond to valid access requests from law enforcement.
   • Assist law enforcement

Since our goal is to help you discover great content and services, the principal sharing of your information is to enhance your experience on the Platform. This section describes how and why we share information with Affiliates, service providers and partners for certain purposes, like consensual direct marketing and legal reasons.

1. With our Affiliates

As noted above, we may exchange, link or pool user information among Affiliates, but always in accordance with applicable law, applicable agreements and this Policy.

1. Direct marketing

Only if you opt-in, and only until you opt-out, we may share Account Data about you with third party sponsors or partners, including for their marketing communications.

1. Functional sharing

We contract with companies or individuals to provide certain services related to the functionality and features of the Platform, including email and hosting services, software development, food ordering/delivery, data management, surveys and marketing. We call them “Service Providers.”
We may share information about you, as well as Usage Data and Device Information, with Service Providers as appropriate for them to perform their services for us and our Service Providers are permitted to use your information only for such purposes. In the past twelve (12) months, we have disclosed these types of information to the following types of Service Providers:

• Analytics providers, such as Google Analytics, to tell us how the Platform is doing, such as which parts interest visitors and how long they visit before leaving. Among other data, they may receive your IP address.
• Various hosting services and data processors to provide the infrastructure of the Platform, such as Cloudflare, which ensures that traffic is from real people, not computers. Among other data, they may receive your IP address.

1. With your consent or at your request

We may ask for your consent to share your information with third parties. In any such case, we will make it clear why we want to share the information. We also disclose information in response to your requests, such as to associate your account with your Social Network account.

1. Technical

We may use and share non-personal information (meaning information that does not identify you, such as device information, general demographics, general behavioral data and imprecise geolocation in de-identified and/or encrypted form) under any of the above circumstances. We may also share this information with our Affiliates and other third parties (notably advertisers) to develop and deliver targeted advertising on our services and on websites or applications of third parties, and to analyze and report on advertising you see. We may combine this information with additional non-personal information or personal information in hashed, non-human readable form collected from other sources. 

Finally, we may share personal information: (i) in response to subpoenas, court orders, or other legal process; to establish or exercise our legal rights; to defend against legal claims; or as otherwise required by law. In such cases we reserve the right to raise or waive any legal objection or right available to us; (ii) when we believe it is appropriate to investigate, prevent, or take action regarding illegal or suspected illegal activities; to protect and defend the rights, property, or safety of our company, our users, or others; and in connection with the enforcement of our Terms of Use and other agreements; or (iii) in connection with a corporate transaction, such as a divestiture, merger, consolidation, or asset sale, or in the unlikely event of bankruptcy.

We retain your information only as long as we need it for the purposes described under "How We Use Personal Information," except when longer retention is required by our compliance policies and efforts toward applicable legal, tax, accounting and regulatory requirements.

How long we need information for those purposes varies by category, and even within categories. These retention determinations always consider the amount, nature, and sensitivity of the personal information, the potential risk of harm from its unauthorized use or disclosure, whether we can achieve those purposes without using the personal information.

For example, we delete some Internet Activity as soon as you exit the Platform, whereas we may retain records of your orders for services and products for several years as required by law or contract, such as agreements with our payment processors or under our accounting standards.

Please understand, however, that we reserve the right to retain an archive of any deleted information, to the extent permitted by law. We may also retain de-identified or aggregate data that may be derived from information about you.

This section applies to you only if you reside in a jurisdiction where GDPR applies.

For GDPR purposes, the data controller is Burgr LLC. Parties to which we disclose personal data are data processors to us or co-controllers with us.

See "How We Use Personal Information" section to review the legal basis for our collecting and processing of personal data under GDPR. Depending on your jurisdiction’s enactment of GDPR, you may have these rights:

• access – request copies of your personal data.
• rectification – request that we correct any information you believe is inaccurate or complete any information you believe is incomplete.
• erasure – request that we erase your personal data, under certain conditions.
• restrict processing – request that we restrict the processing of your personal data, under certain conditions.
• object to processing – object to our processing of your personal data, under certain conditions.
• data portability – request that we transfer the data that we have collected to another organization, or directly to you, under certain conditions.

You may contact us to exercise any of these rights. If you do not provide personal data to us or withdraw consent for processing personal data, we may not be able to provide you with certain aspects of the Platform.

You will not have to pay a fee to access your personal data (or to exercise any other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive, or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

If you reside outside the United States, we transfer information about you for processing in the United States. By providing information about you to enable Platform services, you consent to the processing of such data in the United States. The transfer of this information to the United States is necessary for the performance of our contract for use of the Platform.

As the U.S. has not been deemed an “adequate” jurisdiction under GDPR for the purposes of international data transfers, we use Standard Contractual Clauses approved by the EU for transfers of personal data internationally, or another appropriate transfer mechanism.

Some U.S. states provide residents with additional privacy rights and controls. If you reside in one of those states, you may be entitled to exercise certain rights with respect to your personal information, as described below, and subject to exceptions defined by law. To exercise any of these rights, please contact us as described under "How to Contact Us" below.

• Confirm Processing and Access your Personal Information: You may request access and confirm processing of your personal information once in a calendar year. You may have the right to know what personal information the business has collected about you, including the categories of personal information, the categories of sources from which it is collected, the business or commercial purposes for collecting, selling, or sharing it, and the categories of third parties to whom we disclose it. Subject to exceptions, you may obtain a copy of your personal information we collected during the preceding twelve (12) months of your request, in a readily usable format where processing is done via automated means.
• Deletion: Subject to certain exceptions, you may request deletion of your personal information in our control. Please note that exercise of this right may render the Service, or parts of the Service, inaccessible or otherwise not function properly.
• Correct Inaccuracies in your Personal Information: You can also update or correct your account information and electronic message preferences at any time by logging in to your account and changing your profile settings.
• Opt-out of Sale and Sharing for Targeted Advertising: We do not sell your personal information for monetary or other valuable consideration. However, you may request opt-out of having your personal information processed for purposes of targeted advertising by visiting the NAI Opt-Out Page:http://www.networkadvertising.org/choices. Please note that even if you choose to remove your information (opt-out), you will still see advertisements while you are browsing online. However, the advertisements you see may be less relevant to you and your interests. Additionally, many network advertising programs allow you to view and manage the interest categories they have compiled from your online browsing activities. These interest categories help determine the types of targeted advertisements you may receive. The NAI Opt-Out Page provides a tool that identifies its member companies that have cookies on your browser and provides links to those companies.
  The Platform automatically detects whether you are visiting from a state where this right applies. If you do, to opt out of the ‘sharing’ or sale of your information, please click or tap the ‘Do Not Sell My Info’ link on our homepage.
• Universal Opt-Out Mechanism (California, Connecticut and Colorado Residents Only): These browser- or device-level controls, such as “Global Privacy Control” (GPC) signals, automatically transmit a request to opt-out of the sale or sharing of personal information for targeted advertising. Currently our systems are unable to receive and honor these signals. If you prefer to not receive targeted advertising, please follow the above-noted steps.
• Limit Use and Disclosure of Sensitive Personal Information (California and Utah Residents Only): You may limit the use and disclosure of your sensitive personal information to purposes necessary to provide you with the Platform services you request. The only sensitive personal information we collect is your precise location, if you have consented to provide it to us when prompted (like when you order a food delivery).
  You don’t need to exercise this right: we only use and disclose sensitive personal information as necessary to fulfill the service you requested (like sending the precise location you gave us to a food delivery service so it’s at least lukewarm on arrival).
• Designate Authorized Agent: You may be entitled, in accordance with applicable law, to submit a request through an authorized agent.
  1. Opt-Out of Communications

As described above, we may use the information we collect from you to send you newsletters, push notifications, general communications and promotional emails, including promotional communications about our Platform and our or our partners’ products or services. If you do not want to receive such communications, you can opt out (as applicable) by using the unsubscribe link at the bottom of our communications, unchecking the applicable box to opt out when prompted, or by simply not opting in when prompted. You may also at any time opt out of receiving communications from us by emailing hello@burgr.app with the subject line “Opt Out”.
If you unsubscribe from our marketing communications, we will still send you important information related to your account and your purchases. For example, if you unsubscribe from our promotional emails, we will still send you emails confirming a purchase you make on our Platform or alerting you to changes to our Terms of Use or this Policy.

The Platform is intended for users above the age of 16. We do not knowingly collect information from anyone under the age of 16, and we do not share or sell information about anyone under 16 without affirmative authorization. If we learn that we have collected information from a child under age 16, we will delete that information as quickly as possible. If you are a parent or guardian of a child under 16 and you believe your child has provided us with information, please contact us.

To submit a request to exercise your rights, designate an authorized agent to exercise your rights on your behalf, and/or for any questions, please provide sufficient information to verify your identity and place of residence that applies to you (e.g. your name, e-mail address, home or work address, or other information we maintain). If we cannot verify the identity of the individual making the request, we may deny it, in full or in part.

If you have any questions about this Privacy Policy, please contact us at hello@burgr.app.