Privacy Policy

Last Updated: 10/28/2021

This Birdcall privacy policy (“Privacy Policy”) defines our policies concerning any personal information Birdcall collects about you through interactions with you and through our products, services, events, and programs (including our website located at www.birdcall.com (the “Website”), any mobile application (the “Mobile App”), and transactions completed at Birdcall physical locations (“Service,” or “Services”).

The terms “Birdcall,” “we,” “our” and “us” refer to Birdcall Holdings, LLC and its subsidiaries or affiliates. This Privacy Policy does not apply to information collected by any third parties, which maintain their own privacy policies and procedures.

By using any of the Services, you consent to the terms of this Privacy Policy and our Terms and Conditions.

Personal Information

We may collect personal information from you or from other sources through your use of the Services. This information may be directly provided by you, such as information that you provide when you visit the Services, or information that is passively or automatically collected from you, such as information collected from your browser or device. The personal information we collect may identify you directly (e.g., your name). We also collect certain information that does not identify you directly, but in certain circumstances could allow you to be identified indirectly (e.g. certain technical data associated with devices that you use to interact with the Services).

For California residents only, please see the section below entitled “California Residents.” In that section we provide additional detail on our collection and use of personal information as that term is defined in California law.

Birdcall may also collect information from third party sources, required to provide you the Services, such as payment processors and analytics providers. Some of these partners may have access to information about you that we may or may not otherwise have (for example, where you sign up directly with that provider) and may share some or all of this information with us. We may use this information to administer and improve the Services and to conduct marketing and advertising campaigns.

In response to public health guidance or mandates from government authorities, we may collect health data from our guests as we deem appropriate to provide a safe space for them and our employees.

Disclosure of Information

Birdcall only shares personal information with affiliated companies or service providers required to provide better service to you. These companies need your information to perform their service function (such as to process and fulfill your order, verify your credit card information, and to protect you from fraud). We also share information with specially chosen companies that help us with marketing. We may engage vendors to serve advertisements on our behalf and to provide analytics services. These vendors may collect certain technical or other information (e.g. clickstream information, browser type, time and date, hardware/software information, cookie ID, IP address, etc.) when you visit our Website or Mobile App, and may use that information to provide advertisements about goods and services that are deemed to be of greater interest to you.

We may also share your information for any other purpose as disclosed at the time of collection, or when we have otherwise obtained consent. Please note that this Privacy Policy is not intended to limit our ability to share or disclose aggregated, pseudonymized, or anonymized data. Birdcall also reserves the right to use or disclose information as needed to satisfy any law, regulation or legal request, to fulfill your requests, to cooperate in any law enforcement or similar investigation, or to conduct any internal investigation or similar function we deem appropriate to protect our business.

Information Security

Birdcall uses technical and administrative security measures to reduce the risk of loss, misuse, unauthorized access, disclosure, or modification of your information. Safeguards include firewalls, data encryption, physical access controls, and administrative informational controls. No system or network can be guaranteed to be 100% secure; as such, we recommend that you help us keep your information safe by taking reasonable steps such as keeping your passwords private, changing them from time to time, and not disclosing personal data in places that can be accessed publicly.

Data Retention

We retain certain of your information only for as long as is necessary to provide the Services and to fulfill the transactions you have requested, or for other necessary purposes such as complying with our legal obligations, resolving disputes, and enforcing our agreements.

“Cookies” and Advertisers

The Website and the Mobile App, or the servers of companies that are used to operate the Website and the Mobile App, may place “cookies” on your computer or device, store data in your computer browser or access features on your mobile device in order to allow you to use the Website and the Mobile App and to personalize your experience. A “cookie” is a small piece of data that can be sent by a web server to your computer, which then may be stored by your browser on your computer or device. Cookies and browser storage allow us to recognize your computer or device while you are on our Website and the Mobile App and help customize your online experience and make it more convenient for you. Cookies and browser storage are also useful in allowing more efficient log-in for users, tracking transaction histories, and preserving information between sessions. The information collected from cookies and browser storage may also be used to improve the functionality of the websites and applications.

Most web browser applications have features that can notify you when you receive a cookie or prevent cookies from being sent. If you disable cookies or other device tracking features, however, you may not be able to use certain functions of the Website or the Mobile App.

Links to Other Sites

In some areas of the Website or the Mobile App, we may provide a link to another website. Other websites, including social media sites, have their own policies regarding privacy and security, and these may vary from ours.

Children’s Privacy

The Services are directed toward and designed for use by persons aged thirteen (13) or older. Birdcall will not approve applications of or establish or maintain registrations for any child who Birdcall knows to be under the age of thirteen (13). Birdcall does not solicit or knowingly collect personally identifiable information from children under the age of thirteen (13). If Birdcall nevertheless discovers that it has received personally identifiable information from an individual who indicates that he or she is, or whom Birdcall otherwise has reason to believe is, under the age of thirteen (13), Birdcall will delete such information from its systems. Additionally, a child’s parent or legal guardian may request that the child’s information be corrected or deleted from our files by requesting this via our Contact Us page.

If you have reason to believe that child under the age of thirteen (13) has provided personal data to us without parental consent, please contact us using any of the methods described in the “Contact Us” section of this Policy, and we will endeavor to delete that data from our systems.

California Residents

This section supplements our Policy with additional information for California residents only. The California Consumer Privacy Act (“CCPA”) provides specific protections and rules with respect to California’s own definition of “Personal Information,” which includes information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular individual or household. Personal Information includes any health data that we may collect in response to public health guidance or mandates from government authorities. As noted above, we collect information that you provide directly when you register for or use the Services, user credentials that you supply directly when you register for or update your login information to use the Services, demographic data, payment data, device data, usage data, location data, information about your interests and preferences, third party integrations, and other third-party data. The below chart provides additional detail on the categories of Personal Information we collect and the purposes for which we use Personal Information, as to both our guests, our shareholders, and our employees.

Categories of Personal Information Collected

Business Purposes for Collection

Personal Identifiers (e.g., name, email address, and date of birth)

Marketing (including advertising, customer acquisition and lead generation, performance media, audience segmentation, event organization, web traffic analytics, brand promotion and analytics, surveys and consumer research, campaigns, management of influencer and other partner relationships, social media content distribution and analytics, mobile application communications, contest administration, and customer engagement and analytics)
Operational purposes (including order processing, payment, gift card, voucher and coupon processing, receipt processing, anti-fraud, sales data reporting, third-party delivery coordination, and mobile application and kiosk services and analytics)
Employment and recruiting (including conducting background checks and employment eligibility verification, for interview purposes, payroll administration and employee timekeeping, benefit administration, creation of tax forms, office administration, business expense processing, industry benchmarking, and internal communications)
Investor relations (including communicating with potential investors, processing stock purchases and transfers, distributing proxy statements and collecting shareholder votes, giving investor presentations, and contacting shareholders)
Development and real estate for the purpose of expanding the Services
Business relationship management
Customer service
Legal compliance

Other personal information (e.g., driver’s license, credit card number, health insurance information)

Marketing (including surveys and consumer research, and management of influencer and other partner relationships)
Operational purposes (including order processing, payment, gift card, voucher and coupon processing, receipt processing, anti-fraud, sales data reporting, and mobile application and kiosk services and analytics)
Employment and recruiting (including payroll administration and benefit administration)
Development and real estate investment for the purpose of expanding the Services
Legal compliance

Commercial information (e.g., purchasing activity)

Marketing (including surveys and consumer research, and mobile application management and communications)
Operational purposes (including order processing and oversight, payment, gift card, voucher and coupon processing, receipt processing, anti-fraud, sales data reporting and analysis, third-party delivery coordination, mobile application and kiosk services and analytics, inventory management, and financial auditing)
Investor relations (including processing stock purchases and transfers)
Development and real estate purposes
Customer service

Internet or other electronic activity information (e.g., clickstream data and information regarding interaction with a web site)

Marketing (including customer acquisition and lead generation, audience segmentation, web traffic and search engine analytics, brand promotion and analytics, surveys and consumer research, campaigns, management of influencer relationships, social media content analytics, mobile application management and communications, contest administration, providing mobile store locator services, and customer engagement and analytics)
Operational purposes (including anti-fraud, and mobile application and kiosk services and analytics)
Employment and recruiting
Investor relations (including communicating with potential investors)
Customer service

Geolocation data (e.g., mobile device location)

Marketing (including social media content distribution and providing mobile store locator services)
Operational purposes (including anti-fraud)

Audio, electronic, or visual information (e.g., photographs)

Marketing (including advertising)
Customer and employee safety
Legal compliance
Customer service and quality assurance
Detecting security incidents

Professional or employment-related information (e.g., employment history, educational information)

Marketing (including lead generation and management of influencer and other partner relationships)
Operational purposes (including third-party delivery coordination, order processing and oversight)
Employment and recruiting (including for interview purposes, selecting candidates, payroll administration and employee timekeeping, benefit administration, creation of tax forms, office administration, business expense processing, industry benchmarking, and internal communications)
Investor relations (including giving investor presentations)
Business relationship management
Legal compliance

Customer order information (e.g., order number)

Operational purposes (including order processing, inventory management, and menu management)
Customer service

Inferences drawn from personal information (e.g., preferences)

Marketing (including audience segmentation, campaigns, management of influencer and other partner relationships, social media content distribution and analytics, and customer engagement and analytics)
Employment and recruiting

Employee tax-related information (e.g., garnishments and tax remittance)

Employment and recruiting (including payroll administration)
Legal compliance

· Other shareholder information (e.g., voting records)

Investor relations (including contacting shareholders)

· Miscellaneous categories of consumer information (e.g., household income, dietary habits, allergies)

Marketing (including surveys and consumer research and mobile application communications)
Operational purposes (including order processing and mobile application and kiosk services and analytics)

In accordance with the CCPA, California residents have the right to request that we disclose the following information about our collection and use of “Personal Information,” over the twelve months prior to your requests:

The categories of Personal Information we collect about you.
The categories of sources for the Personal Information we collect about you.
Our business or commercial purpose for collecting, selling or sharing that Personal Information.
The specific pieces of Personal Information collected about you.
If we disclosed your Personal Information for a business purpose, a list of the categories of Personal Information we have disclosed in the prior twelve months.
If we sold or shared your Personal Information for a business purpose, a list of the categories of Personal Information we have sold or shared in the prior twelve months.

You also have the right to request that we delete or correct any of your Personal Information. In some circumstances we may not be able to honor your request for deletion or correction – for example, if we need to hold on to your information to protect the security or functionality of our operations, to service your account, or to comply with legal obligations.

To ask for a record of the information we hold about you, or to ask us to delete your information, please email us at privacy@eatbirdcall.com, or call us at (720) 715-9009. You must provide enough information that we can verify who you are and that you are a California resident. We will only use personal information provided in a request to verify the requester’s identity and their authority to make the request.

You also have the right to direct us not to sell your personal information at any time. To opt out of the sale or sharing of your personal information, you may submit a request to us by emailing us at privacy@eatbirdcall.com, or calling us at (720) 715-9009.

We will not deny services, charge different prices, offer a different quality of service or otherwise discriminate against your for exercising your rights under the CCPA.

Non-U.S. Visitors’ Rights

Birdcall’s business is directed to United States customers Non-U.S. persons, including persons visiting our U.S.-based physical or digital locations from other countries, should be aware that in visiting us you are agreeing to be subject to U.S. privacy law rather than the laws of your home country.

Changes to This Privacy Policy

This Policy went into effect, and was last revised, on the dates noted at the top of this webpage. We may update this Policy from time to time. If we make material changes, we will post the updated Policy on this page and change the date at the top of this webpage. We encourage you to look for updates and changes to this Policy periodically. Your continued use of the Services after any changes to this Policy are in effect constitutes your acceptance of revisions to the Policy.

We welcome your questions, comments, and concerns about privacy. You can contact Birdcall by email at privacy@eatbirdcall.com, or by calling us at (720) 715-9009.

SMS Privacy Policy

Effective: September 26, 2024

About Us

“We”, “us” or “our” means Birdcall Holdings, LLC, with its principal place of business located at 855 Wyandot St Denver CO US 80204-3827.

About This Privacy Policy

Your privacy is important to us. This Privacy Policy explains how we collect, use, and disclose your personal information. Your personal information is collected when you use our website(s), mobile apps, and other online and offline products, services, and experiences (collectively, the “Services”). Please take a moment to read through this Policy in its entirety.

If you have any questions, concerns, or complaints regarding this Privacy Policy, or how we use your personal information, please contact us via e-mail at marketing@eatbirdcall.com.

What Personal Information does Birdcall Collect and How is it Collected?

We collect personal information that you provide directly to us:

Contact information. If you sign up to receive our newsletter, emails, or text messages from us, we will collect your name, email address, mailing address, phone number, and any other information needed to contact you about the Services.
Payment information. To order products or services through the Services, you will need to provide us with payment information (like your bank account or credit card information). Please note that your financial information is collected and stored by a third-party payment processing company. Use and storage of that information is governed by the third-party payment processor’s applicable privacy policy.
Survey information. You may provide us with other personal information when you fill in a form, respond to our surveys or questionnaires, provide us with feedback, participate in promotions, or use other features of the Services.

How We Use Your Personal Information?

We may use the personal information we collect in the following ways:

To send you our newsletter, or other information or marketing about our Services that you think may be of interest to you.
To reply to your questions, inquiries, or customer service requests or to send you notices, updates, security alerts, or support and administrative messages.
To provide you with information about the Services that you request from us or which we feel may interest you.
To monitor and analyze trends, usage, and activities in connection with our Services and to improve the Services.
To facilitate contests, sweepstakes, and promotions, and to process entries and provide prizes and rewards.
To detect, investigate, and prevent fraudulent transactions and other illegal activities on the Services and to protect the rights and property of Birdcall and our customers.
To carry out our obligations arising from any contracts entered into between you and Birdcall, including for billing and collection.

How We Share Your Personal Information?

We may share your personal information in the following ways:

With vendors, consultants, and other service providers who process your personal information on our behalf when they provide services to us. For example: data analytics, research, marketing, and financial services.
In connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business by another company.

We may be legally required to disclose or share your personal information without your consent in some circumstances, for example to comply with a court order or law enforcement. In such circumstances, we will only disclose your personal data if we have a good-faith belief that such sharing is required under applicable legal obligations.

Your Marketing Choices

When you sign up for a promotion like a sweepstakes or subscribe to our newsletter or marketing/promotional messages, we use your personal information to help us decide which products, services, and offers may be of interest to you.

We may send marketing messages to you if you have asked us to send you information, bought goods or services from us, or if you provided us with your details when you entered a competition or registered for a promotion. If you opt out of receiving marketing messages, we may still send you non-promotional emails. We will ask for your consent before we share your personal information with any third party for their direct marketing purposes.

You may unsubscribe from marketing messages through a link we include on messages we send you. You can also ask us to stop sending you marketing communications at any time by contacting us at: marketing@eatbirdcall.com.

Retention of Your Data and Deletion

Your personal information will not be kept longer than is necessary for the specific purpose for which it was collected.

When we decide how long we will keep your information we consider the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure, why we need it, and any relevant legal requirements (such as legal retention and destruction periods).

The foregoing will, however, not prevent us from retaining any personal information if it is necessary to comply with our legal obligations, in order to file a legal claim, defend ourselves against a legal claim, or for evidential purposes.

International Transfers

We will ensure that any transfer of personal information to countries outside of the United States will take place pursuant to the appropriate safeguards.

Changes to This Privacy Policy

From time to time, we have the right to modify this Privacy Policy. We will update this Privacy Policy in the future. Please come back and check this page from time to time for the latest information on our privacy practices.

If you have questions or concerns about the information in this Privacy Policy, our handling of your personal information, or your choices and rights regarding such use, please do not hesitate to contact us at:

Birdcall Holdings, LLC

855 Wyandot St Denver CO US 80204-3827

marketing@eatbirdcall.com

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