Privacy Policy

The Habit Burger Grill Privacy Policy

The Habit Burger Grill, and its affiliated and related entities (together, “The Habit Burger Grill,” “we,” “us,” or “our”), is providing this Privacy Policy to describe the privacy practices of The Habit Burger Grill because we believe your privacy is important. It explains when and how The Habit Burger Grill collects user information when you use our services, how we use such information, and the circumstances under which we may disclose such information to others.  As used in this Privacy Policy, our services refer to all websites (including http://www.habitburger.com), mobile applications, properties, and services owned or operated by The Habit Burger Grill.

By visiting The Habit Burger Grill website, using our mobile application, or otherwise using our services, you acknowledge that you accept and understand the practices outlined in this Privacy Policy and our Terms and Conditions.

What information do we collect?

We collect information from you when you use our services, including visit our website, use our mobile application, place an order, subscribe to our email club or other alerts, respond to surveys, or submit forms.

Certain of the information we collect may be personal information, by which we mean information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a natural person or household, such as a name, postal address, e-mail address, telephone number, and/or payment information.  Other information directly associated with personal information may also be considered as personal information.  Information that is aggregated, de-identified, or anonymized is not considered personal information.  Publicly available information that is made available from federal, state, or local government records is also not considered personal information.

The information we collect varies depending on how you interact with us.

On Our Website

If you use our website, we may obtain the following types of information from you:

  • Identifiers (e.g., name, email address, mailing address, phone number);
  • Payment information, if you place an order (e.g., credit card information, billing address);
  • Geolocation information, to help you locate your nearest store location;
  • Professional and Employment-related information, for franchising, licensing, donations and careers requests;
  • Order information, to assist you with a recent order;
  • Visitor site preferences; and
  • Any other information you provide to us.

Additionally, certain information is automatically reported by your browser each time you access a web page. When you use our website, our servers may automatically record certain information that your web browser sends whenever you visit any website. These server logs may include information such as your web request, Internet Protocol (“IP”) address, device ID, browser type, referring/exit pages and URLs, number of clicks, domain names, landing pages, pages viewed, and other such information.

Our affiliates or other third parties may also obtain personal information or other information from you when you use our services or our website. For example, Google, as a third-party vendor, uses cookies to serve ads on our site. Google’s use of the DART cookie enables it to serve ads to our users based on their visits to The Habit Burger Grill website and other sites on the Internet. Users may opt out of the use of the DART cookie by visiting the Google ad and content network privacy site https://policies.google.com/technologies/ads. This Privacy Policy does not apply to Google, and Google’s ad and content network is not controlled or operated by The Habit Burger Grill.

On Our Mobile Application

If you use our mobile application, you can either register to become a member of our CharClub, or you can use the application as a guest.  In either case, we will use:

  • Your location information (latitude and longitude), including to personalize the home screen to your location, determine pick-up times and order options, and place an order.  We do not store location information, except when you place an order, so that you can use our quick re-order function; and
  • Your payment and contact information (e.g., email address, phone number, mailing address, billing address), if you place an order with us, in order to process and provide you your order.

If you register to become a member of our CharClub, you will additionally provide the following information:

  • Name;
  • Email;
  • Home zip code (for example, so we can save your favorite store location); and
  • Birth month and day (for example, so we can send you a free Charburger on your birthday).

We will also use a randomly generated security token to authenticate you.

Place an In-Store or Drive Thru Order
If you place an in-store or drive thru order, we may obtain the following types of information from you:

  • Identifiers (e.g., name, phone number);
  • Payment information (e.g., credit card information); and
  • Any other information you provide to us.

Place a Telephone Order
If you place a telephone order, we may obtain the following types of information from you:

  • Identifiers (e.g., name, email address, mailing address, phone number);
  • Payment information (e.g., credit card information, billing address);
  • Audio recording; and
  • Any other information you provide to us.

Purchase Gift Cards
If you place a gift card order online, we may obtain the following types of information from you:

  • Identifiers (e.g., name, email address, mailing address, phone number);
  • Payment information (e.g., credit card information, billing address); and
  • Any other information you provide to us.

What do we use your information for?

We use the information we collect in the following ways:

To personalize and enhance your experience. We use the information we obtain from you, including personal information, to personalize and enhance your experience, including to:

  • Register your account;
  • Fulfill your requests;
  • Understand your use of The Habit Burger Grill website and application;
  • Improve and deliver the website and application experience, including based on information and feedback we receive from you;
  • Provide user or technical support; and
  • Personalize your experience on The Habit Burger Grill website and application.  For example, we use your location in our application to personalize the home screen image, and determine pick-up times and order options (“here” or “to-go”); we do not save your location for these purposes, and only use your location to deliver these features.  Also, if you register and opt-in to the CharClub when using our application, we will use your birth month and day to send you a free Charburger on your birthday.

To process transactions and fulfill your orders. We also use the information we obtain from you to process billing, fulfill orders, make ordering more convenient, and provide customer service support.  For example, if you use our application, we store your location information to power a quick re-order function, but do not use it for any other purpose.

To communicate with and receive feedback from our users. We also use the information we obtain from you to communicate with you, including through our email club, email alerts, postal mail, text message, and telephone communications.  We also store your contact information if you submit feedback.

By registering on our website, registering for the CharClub using our application, or otherwise signing up for our services, you consent to the receipt of marketing communications. If you do not want to receive these communications from us, please follow the unsubscribe instructions in the body of such communications or please e-mail charclub@habitburger.com.  If you do not register, but you place an order, you have the option to opt-in to receive offers and advertisements.  If you do not decide to opt in, you will still receive communications relating to your orders or specific requests or communications.

We will ask you separately for your express consent to receive certain text message and telephone communications. You are not required to agree to receive such telephone or text communications in order to use our website, application, or services. If you agree to receive such telephone or text communications, and then change your mind, please email marketing@habitburger.com.

To measure and improve our business, services, and performance.  We may use your information to understand behaviors, measure and improve our services, update our website and application layout and content, and craft offers that we believe are of interest to our customers generally.

To administer contests, promotion, surveys or other features.  With your consent, we use your information to enter you into contests, offer you promotions, receive your responses to surveys, or administer other site or application features.

To comply with legal obligations, or to assert or defend a legal claim.

HOW DO WE PROTECT YOUR INFORMATION?

We have implemented reasonable security measures to maintain the safety of your personal information when you place an order or enter, submit, or access your personal information. However, please keep in mind that no security system is impenetrable.

We offer the use of a secure server. All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our Payment gateway providers database only to be accessible by those authorized with special access rights to such systems, and are required to keep the information confidential.

HOW DO WE SHARE YOUR INFORMATION?

The Habit Burger Grill does not sell your personal information to third parties, and will not sell your personal information to third parties.

We may, at times, disclose your information third parties in order to:

  • Perform technical, administrative, and analytics aspects of The Habit Burger Grill website and application (such as credit card processing or web hosting services);
  • Fulfill your orders and requests;
  • Satisfy any law, regulation, or legal request;
  • Enforce and apply security policies;
  • Investigate breaches of our security measures or any user agreements;
  • Protect the rights, property, user experience, or safety of The Habit Burger Grill, our employees, our users, or others;
  • Share information with our affiliates and related companies, for use in accordance with this Privacy Policy.

Except as consistent with this Privacy Policy, The Habit Burger Grill will not exchange, transfer, or give your personal information to any other company, without your consent. The third parties that assist with performing technical and administrative aspects of the website are contractually obligated not to disclose or use your information for any other purpose, and to employ adequate security measures to prevent unauthorized access to such data. However, The Habit Burger Grill is not responsible in the event that your information is disclosed as a result of a breach or security lapse by any such third party.

If The Habit Burger Grill, or substantially all of its assets, is acquired by another company or successor entity, your information may be one of the assets transferred or acquired by the purchaser or successor. You acknowledge that such transfers may occur, and that any purchaser or successor to The Habit Burger Grill or its assets may continue to collect, use, and disclose your information acquired prior to such transfer or acquisition as set forth in this Privacy Policy.

DO WE USE COOKIES?

Yes. Cookies are small files that a site or its service provider transfers to your computer’s hard drive through your Web browser (if you allow) that enables the sites or service providers systems to recognize your browser and capture and remember certain information.

We use cookies to keep track of advertisements and compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future. We may contract with third-party service providers to assist us in better understanding our site visitors. These service providers are not permitted to use the information collected on our behalf except to help us conduct and improve our business.

If you prefer, you can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies via your browser settings. Like most websites, if you turn your cookies off, some of our services may not function properly. However, you can still place orders over the telephone or by contacting customer service.

CHILDREN’S ONLINE PRIVACY PROTECTION ACT COMPLIANCE

We are in compliance with the requirements of the Children’s Online Privacy Protection Act. We do not knowingly collect any information from anyone under 13 years of age. Our website, products and services are all directed to people who are at least 13 years old or older.

YOUR ACCESS AND CONTROL OVER INFORMATION

If you do not want to receive marketing communications from us, please follow the unsubscribe instructions in the body of such communications or please e-mail charclub@habitburger.com

RIGHTS FOR CALIFORNIA RESIDENTS

This section supplements our privacy 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. 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.

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 or selling 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 your Personal Information for a business purpose, a list of the categories of Personal Information we have sold in the prior twelve months.

You also have the right to request that we delete any of your Personal Information. In some circumstances we may not be able to honor your request for deletion – 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 visit https://www.habitburger.com/privacy-request/. 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 authority to make the request.

We do not sell your personal information at any time.

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.

LINKS TO OTHER SITES

Our web sites may contain links to other sites. Please be aware that we are not responsible for the content or privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of any other linked sites that collect personal information.

CHANGES TO OUR PRIVACY POLICY

We retain the discretion to amend or modify this Privacy Policy from time to time. If we make material changes to the way we collect, use or disclose personal information, we will notify you by posting a clear announcement on the website, mobile application, or our other services. Use and disclosure of information we obtain is subject to the current version of the Privacy Policy. Your continued access to or use of the website, mobile application, or our other services following constructive notice of material changes to this Privacy Policy shall constitute consent to any amendments and/or modifications.

The current version of the Privacy Policy can be found at http://www.habitburger.com/privacy-policy.

HOW TO CONTACT US

We welcome any questions or comments about this Privacy Policy or our privacy practices. If you have any questions or comments, or if you need to access the policy in an alternative format due to a disability, please submit your requests via e-mail to privacy@habitburger.com, via our mobile application (through “Support”), or via our Contact Us form, available here.

EFFECTIVE DATE OF THIS PRIVACY POLICY

This Privacy Policy was last modified on January 8, 2020, and is effective as of that date.