Updated On 05/17/2023
NEXT LEVEL BURGER – PRIVACY STATEMENT
Last Updated Date: April 26, 2023
About this Privacy Statement
Next Level Burger Company, Inc., together with any affiliates, subsidiaries, successors, and assigns (“NLB,” “us,” “our,” and “we”), is committed to protecting the privacy of individuals who use our websites located at www.nextlevelburger.com and www.nextlevelclucker.com (collectively, the “Website”) and our Next Level Burger app (the “App,” and together with the Website, the “Services”). Users of our Services may at times be referred to in this Privacy Statement as “you” or “Users.” This Privacy Statement describes NLB’s information practices in relation to your use of the Services. This Privacy Statement also applies to information collected by NLB through offline contacts it may have with you. If you have any questions about this Privacy Statement, please contact NLB by email at email@example.com.
Please read this Privacy Statement carefully before you browse and use the Services. Your usage of the Services signifies to us that you have read and understood all of the terms of this Privacy Statement. You may also be presented with additional opportunities to review this Privacy Statement when taking certain actions on the Services.
This Privacy Statement explains:
- What Personal Information we collect about you when you use the Services, why we collect it, who we disclose it to, and how long we keep it for;
- How we use your Personal Information;
- How we protect your Personal Information; and
- How you can control your Personal Information, including how to access and update the information we hold about you, as well as any legal rights you may have related to your Personal Information.
Modifications to this Privacy Statement
We may need to update or revise this Privacy Statement from time-to-time in response to changing legal, technical, or business developments. We will post any new or revised Privacy Statement here, and you should review this Privacy Statement regularly to make sure that you are aware of its terms. You can determine if this Privacy Statement has been revised since your last use of the Services by referring to the last updated date at the top of this Privacy Statement. NLB will also provide notification of significant changes to this Privacy Statement through the Services. In addition, if changes are significant, we may notify you of such changes via the Personal Information that you have provided to us, if any. If we intend to use earlier-collected Personal Information and Automatically-Collected Information in accordance with the terms of the revised Privacy Statement and doing so would result in a use for a different purpose than stated at the time of collection, where required by law we will request your express consent prior to such use.
SOURCES OF PERSONAL INFORMATION
We may collect Personal Information about you through a variety of sources. You may provide us with certain Personal Information, for example when you visit an NLB location or place an order through the Services, sign up for our rewards program, apply for a job with us, create a guest profile on the App, or otherwise contact us. As described in more detail in the Section What Personal Information We Collect About You, cookies and other trackers in the Services may also provide us with certain Personal Information about you, you browser, or your device. Finally, certain of our service providers might collect Personal Information about you on our behalf when they provide us with the services we rely on to provide services to you.
WHAT PERSONAL INFORMATION WE COLLECT ABOUT YOU
[A1]Depending on the nature of your interaction with us, the Personal Information that we may collect includes the following information:
- Identifiers, namely your first and last name, e-mail address, telephone number, mailing address IP address, and device and advertising IDs;
- Customer records information, namely your first and last name, telephone number, mailing address, employment history, and credit or debit card information;
- Characteristics of protected classifications under California or federal law, namely your gender and birth date;
- Commercial information, namely your purchasing history with us;
- Internet or other electronic network activity information, namely, IP address and device and advertising IDs;
- Geolocation data, namely the markets of our stores from which you have ordered or at which they have applied for a job;
- Sensitive data, namely, your credit or debit card numbers; and
- Any additional information you choose to provide to use that may be used to identify you.
In the past 12 months we have collected all the types of Personal Information described above.
As described in the Sources of Personal Information Section, some Personal Information you will provide us with directly. In other cases, NLB uses certain digital analytics tools on the Services that help us analyze site usage and performance when you visit and use the Services, such as cookies and tracking pixels. The information we collect automatically typically does not include any individuals’ names or contact information. Rather, as you navigate and browse the Services, these analytics tools automatically collect and store information about your visit to and use of the Services, such as: the date and time of your visit, the duration of your visit, the type of browser and browser language you use, your Internet Protocol (“IP”) address, mobile device ID, type of computer or other operating device used, the actions you take on the Services (such as the web pages viewed and the links clicked), the websites (if any) from which you linked to the Website, and the website(s) you visit after visiting the Website. All such information is referred to in this Privacy Statement as “Automatically-Collected Information,” some of which may be considered Personal Information depending on applicable privacy laws.
A cookie is a small file placed on your computer or device hard drive, and it assigns your computer or device a unique, random number that acts as a sort of anonymous ID. Standing alone, cookies do not personally identify you; rather, a cookie identifies the computer or device used to access the Services. A cookie cannot read data off of your hard drive. Some of the cookies used on our Services are useful or necessary for the Website to function. Other cookies help us perform analytics on the use of our website. Others still may be used to help tailor advertising.
The list below contains additional information about the different cookies used on our Website. These cookies collect identifiers and internet or other electronic network activity information as noted in the list above. Please see the Sections Use of Personal Information for Marketing Purposes, Use of Personal Information and Automatically-Collected Information Generally, and Sale and Sharing of Certain Personal Information for more information about these cookies.
Name of Cookie/Owner
Use of Information
Necessary or Optional
Csrftoken / BentoBox
Website security and functionality
YSC / YouTube
_y / Shopify
_s / Shopify
_shopify_s / Shopify
_shopify_y / Shopify
DEVICE_INFO / YouTube
_sp_id.673e / BentoBox
Website functionality and analytics
_sp_ses.673e / BentoBox
Website functionality and analytics
_dd_s / BentoBox
Website functionality and analytics
snowplowOutQueue_snowplow_sp1_post2.expires / BentoBox
Website functionality and analytics
snowplowOutQueue_snowplow_sp1_post2 / BentoBox
Website functionality and analytics
Indicative_62e150f7-1993-460b-90ab-1bb1bd494ad7 / BentoBox
sp / BentoBox
Website functionality and analytics
When you first access our Website, you will have the opportunity to accept or reject cookies by using the options in the cookie banner. In addition, while most browsers automatically accept cookies, you can disable the acceptance of cookies at any time by changing the preferences in your browser. Most browsers also allow you to change the settings to require that the browser notify you when you receive a new cookie. Please refer to your browser for information on how to disable and control cookies. Information about managing cookies in commonly used browsers is available online from www.allaboutcookies.org. If you disable your web browser’s ability to accept cookies, you will be able to browse the Website, but you may not be able to successfully use certain features of the Website and the Website may forget your preferences.
Tracking pixels are small pieces of code placed into a website or an ad in a website, used to track various predefined statistics, like how often an ad is viewed or an email is opened. We use a tracking pixel from Meta to help us tailor our advertising. The Meta pixel collects your IP address and browser information, and information about how you interact with the Website[A2]. Some of what the Meta pixel collects may be considered Personal Information, and you may be able to opt-out of our use of the Meta pixel following the instructions in the Section Sale and Sharing of Certain Personal Information below.
HOW WE USE YOUR PERSONAL INFORMATION
As described above, you may voluntarily provide Personal Information to us in several ways. Our Services may also automatically collect certain Personal Information as you use our Services. PLEASE NOTE THAT OTHER THAN AUTOMATICALLY COLLECTED PERSONAL INFORMATION, WHICH YOU MAY OPT-OUT OF AS DESCRIBED IN SECTION SALE AND SHARING OF CERTAIN PERSONAL INFORMATION, YOU DO NOT HAVE TO PROVIDE US WITH YOUR PERSONAL INFORMATION TO USE THE SERVICES, AND YOU ARE NEVER UNDER ANY OBLIGATION TO PROVIDE YOUR PERSONAL INFORMATION. However, if you do not provide your Personal Information, you may not be able to use certain features of the Services to interact with us. When you do provide us your Personal Information, you indicate to us your understanding that we will use that information to fulfill the purposes identified herein in accordance with the terms of this Privacy Statement and to store your information on our servers located in the United States. You understand that your Personal Information may be subject to the laws of the United States, and that it may be accessible to governments, tribunals, law enforcement and regulatory agencies in the United States.
Use of Personal Information to Perform Services Requested and to Contact You
NLB uses Personal Information provided by Users to perform the services they request. For example, if you place an order through our Website, our App, or in a retail location we will use your Personal Information that is required to fulfill your order. To perform the services, we may need to disclose certain of your Personal Information to our service providers, namely identifiers such as name and address, and sensitive information such as credit or debit card information. If you enroll in our rewards program, subscribe to our distribution list, or create a guest profile in the App, the Personal Information you provide, namely, identifiers, will need to be disclosed to our service provider, LevelUp, who helps us to operate the rewards program, distribution list, and app. In the past 12 months we have disclosed these identifiers and sensitive information for the business purposes discussed in the preceding sentences. If you apply for a job with NLB, we will use the information you provide with your application to consider you for the position you apply for. At times, and where required by law, we may also use your Personal Information to contact you regarding your use of the Services and/or to provide required notices.
Use of Personal Information for Marketing Purposes
NLB may also use Personal Information provided by Users for marketing purposes. For example, our service provider LevelUp may send you marketing materials based on which NLB locations you’ve ordered from. In the past 12 months, we have disclosed identifiers and geolocation data to LevelUp for this purpose. Also, information collected via the Meta pixel, guest email addresses we provide to Meta, information collected via YouTube cookies, and device IDs that LevelUp may collect when you access the App, may be used to better tailor marketing. In the last 12 months we have disclosed identifiers and internet or other electronic network activity information to these third party service providers.
For more information on LevelUp’s, Meta’s, and YouTube’s respective privacy practices, please see their policies here: https://www.thelevelup.com/privacy-policy, here: https://www.facebook.com/privacy/policy/, here: https://www.youtube.com/howyoutubeworks/our-commitments/protecting-user-data/.
At any time, you may request that LevelUp stop contacting you for marketing purposes by sending us an e-mail at firstname.lastname@example.org or via the unsubscribe mechanism in the marketing communications themselves. You may also opt-out of the use of the Meta and YouTube cookies, and the collection of identifiers by LevelUp, via the opt-out mechanisms described in the Section Sale and Sharing of Certain Personal Information below. If you request that we not contact you for marketing purposes, depending on the nature of our business relationship with you, we may still contact you for non-marketing purposes relating to your use of the Services or otherwise in regard to our business relationship with you.
Use of Personal Information and Automatically-Collected Information Generally
In addition to the marketing purposes described above, we use other Automatically Collected Information to maintain the security of our Services, improve our Services, and to better understand the visitors to the Services, where they come from, what content is of interest to them, and otherwise conduct analytics on our Services and the use of our Services.
We use third-party cookies from Google, Shopify, and BentoBox to track and analyze use of the Services, as well as to track websites you visit after using the Website[A3]. Google Analytics automatically collects information from you through the use of Google’s analytics IDs, and Google provides some of this information to us. An analytics ID is a specific string of numbers and letters (often called a “character string”) that is assigned to your computer or device but does not name you. The analytics ID allows Google to track usage data of the Website, such as date and time of visit, duration of visit, Website traffic patterns, “clickstreams,” other similar information about your use of the Website, the type of web browser used, the operating system/platform you are using, your IP address, the websites that referred or linked you to the Website, and your CPU speed. Google Analytics does not share the analytics ID assigned to your computer or device that you use to access and use the Website. Google Analytics provides information about the use of the Website to us in aggregate form (i.e., data about many Website users combined and not just about you). Some of this data might include the regional location of Website users, but again, this data will be in aggregate (and not individual) form. We rely on this aggregate data to inform us how users are using the Website and to help us improve the Website.
For information on how Google Analytics collects and processes data, as well as how you can control information sent to Google, review Google's site “How Google uses data when you use our partners' sites or apps” located at http://www.google.com/policies/privacy/partners. You can learn about Google Analytics’ currently available opt-outs, including the Google Analytics Browser Ad-On here https://tools.google.com/dlpage/gaoptout/.
For more information on Shopify’s and BentoBox’s respective privacy practices, please see their policies here: https://www.shopify.com/legal/privacy and here: https://www.getbento.com/privacy/.
In conducting these analytics, we disclose certain of the Automatically-Collected Information to our service providers, namely, the identifiers and internet or other electronic network activity information described in the list above. In the past 12 months we have disclosed these identifiers and internet or other electronic network activity information to service providers for these business purposes.
HOW WE SHARE THE PERSONAL INFORMATION WE COLLECT
As discussed in the Section above, NLB may disclose, or allow access to, your Personal Information and Automatically Collected Information to third party service providers to perform certain services for us, including:
- to enable online and mobile ordering and delivery, as well as purchases from our online store;
- to perform certain marketing activities on our behalf, such as through promotional e-mail campaigns, social media interactions, and other digital marketing technologies;
- to perform website analytics services, as described above in this Privacy Statement; and
- to provide other services relating to the operation of the Website (such as hosting, data storage, and security).
NLB does not sell Personal Information to any third parties in the traditional sense. Rather, any disclosure of Personal Information to third party service providers is solely to enable the service provider to perform the requested services on NLB’s behalf. However, under certain U.S. laws and in certain contexts, some of these disclosures could be deemed as our “selling” or “sharing” information, as such terms are defined under applicable laws. For example, in some cases, where information is disclosed to internet service providers for the purposes of analytics or advertising, or collected by internet service providers for analytics or advertising via cookies, such disclosure or collection could be considered “selling” or “sharing” under U.S. laws. In the past 12 months, we have disclosed for the purposes of analytics or advertising, or third party internet service providers have collected for analytics or advertising via cookies, identifiers and internet or other electronic network activity information, and such disclosure or collection may be considered “selling” or “sharing” under U.S. laws.
Merger, Acquisition, or Sale
We may transfer any and all Personal Information and Automatically-Collected Information to a third party if NLB is involved in a merger, acquisition, reorganization, restructuring, or other sale or transfer of all or any portion of its assets or business, whether as a going concern or as part of bankruptcy, liquidation, or similar proceedings in which information of Users is among the assets transferred. In this event, we will, if allowed, use reasonable efforts to notify you when your Personal Information and Automatically-Collected Information is transferred to any third party under this paragraph by posting such notice on the Services and/or by contacting you via the Personal Information you have provided us, if any. However, following such transfer we cannot guarantee or enforce that any such third-party will abide by this Privacy Statement, and any new information you provide after the transfer will likely be subject to a new policy, and you should review that policy.
Required by Law
Notwithstanding anything to the contrary in this Privacy Statement, NLB reserves the right to disclose your Personal Information and Automatically-Collected Information, without your consent and without additional notice to you, if we reasonably believe we are required by law, rule, regulation, judicial proceeding, court order, subpoena, or similar legal process to do so; if we reasonably believe that disclosure is necessary to protect, establish, or exercise our rights or property, or to defend against legal claims; or if we reasonably believe that disclosure is necessary to protect our other Users or our employees, property, or business, or to take action regarding illegal activities or suspected fraud.
Social Media Features
As described above, we provide certain social media features on the Website. These features might require us to implement cookies, plug-ins, or application programming interfaces (APIs) provided by such social media platforms to facilitate the communications and features. When you provide us with information through these platforms, the information you provide is also collected and processed by the social media platform you are using, and any collection and processing thereby is performed subject to and in accordance with the privacy statements of such social media platforms, over which NLB has no responsibility or control. Please be aware that by choosing to use any third party social media platform or choosing to share content or communications with any social media platform, any Personal Information you provide in conjunction with such use may be collected and processed by the designated social media platform. We cannot control any policies or terms of such third party platforms. As a result, we cannot be responsible for any use of your information or content by a third party social media platform, which you disclose at your own discretion. We encourage you to review the privacy policies and practices of any social media platforms prior to use.
ACCESSING, CORRECTING AND UPDATING YOUR INFORMATION; YOUR RIGHTS REGARDING YOUR INFORMATION
Access, Review and Modification of Information; Deleting Information
Users may access, update, change, or request we delete their Personal Information by email at email@example.com. Upon receipt of your request to delete or to change your Personal Information, we will use commercially-reasonable efforts to remove your existing Personal Information from our databases, but see the Section entitled “Retention and Storage” below regarding why we may retain some information. Please note that all features of the Website may not function properly if we remove any or all of your Personal Information.
Your Rights Regarding Your Personal Information
If you are based in certain jurisdictions, you may have certain rights in relation to the Personal Information we hold about you. These may include the right to request to:
- access details related to the Personal Information NLB has collected about you, for example the categories of Personal Information collected, the sources of those categories, the business or commercial purposes for collecting Personal Information, any third parties with whom Personal Information is shared, and the specific pieces of Personal Information collected about you;
- rectify any incorrect or incomplete Personal Information we hold about you
- delete, restrict, or remove the Personal Information we hold about you
- transfer the Personal Information we hold about you to another party; or
- object to the sale of your Personal Information.
Your California Privacy Rights
If you are a California resident, you my have certain additional rights with respect to any Personal Information we have collected from you. Specifically, California law provides you the right to submit a request to us to:
- receive the following information:
- the categories of information we collected, “sold” or “shared”, or disclosed to third-parties during the preceding calendar year;
- the names and addresses of third-parties that received such information;
- if the nature of a third-parties’ business cannot be reasonably determined from the third-parties’ name, examples of such businesses; and
- the specific pieces of Personal Information we hold regarding you (you are entitled to receive a copy of this information in a standardized format and the information will not be specific to you individually);
- delete any Personal Information we have collected from you;
- correct any inaccurate Personal Information we have collected from you; or
- opt-out of anything considering to be “selling” or “sharing” under California law.
You have the right to be free from discrimination based on your exercise of these rights, including if you are an employee or contractor. Exercising any of these rights will not cause any prejudice against you in terms of pricing, services available, or otherwise. However, if you request we delete information then the Website may act differently on your return, and by nature, it is not possible to participate in our rewards program without our holding some Personal Information about you.
You may submit your requests via email at firstname.lastname@example.org or at the designated address in the “Contact Us” section below. You may also utilize an authorized agent to submit your request on your behalf. We will attempt to respond to your requests within one month and free of charge, unless a faster response time is required by law. Please note that with regard to all these rights, we reserve the right to:
- verify proof of your ID to process the request, or request further information for this purpose;
- refuse your request based on the exemptions set out in any applicable data protection laws; and
- charge you a reasonable administrative fee for any repetitive, manifestly unfounded, or excessive requests.
If we refuse your valid request to exercise any of these rights which you may have, we will state the reasons for our refusal and allow you to challenge our decision. If we have shared your Personal Information with others, we will inform them about your request where possible. If you ask us, where possible and lawful to do so, we will also tell you with whom we shared your Personal Information so that you can contact them directly.
The Website is not directed at nor intended for use by children under the age of 13, and we have no actual knowledge that we collect Personal Information of persons under the age of 16, or that we sell or share any Personal Information of persons under the age of 16. If you have reason to believe that a child under the age of 13 has provided Personal Information to us, we encourage the child’s parent or guardian to contact us by email at email@example.com to request that we remove the information from our systems. If we learn that we have received Personal Information or Automatically-Collected Information from a child under either the age of 13 we will delete that information from our files. In certain circumstances, we process Personal Information of individuals under the age of 18 when it is necessary to perform a service requested by the individual providing us with the information, such as for online or retail order fulfillment.
SECURITY OF COLLECTED INFORMATION
NLB uses commercially-reasonable physical, electronic, and administrative security measures to assist in protecting against the loss, misuse, and unauthorized alteration of Personal Information that is under our control. Unfortunately, no data storage system, or system of transmitting data over the Internet or wireless network, can be guaranteed to be 100% secure, and no security system can prevent all security breaches. As a result, we do not and cannot guarantee the security of our servers or any Personal Information or Automatically-Collected Information provided to us in connection with your use of the Website or when you interact with us.
DO NOT TRACK[A4]
The Website does not track your online activities over time or across third-party web sites or online services, and so does not respond to browser “Do Not Track” signals. As described in this Privacy Statement, the Website may contain links to other sites or services not owned or operated by NLB. These websites may set cookies that obtain information about the fact that a web browser visited the Website from a certain IP address. NLB does not and cannot control whether such third-party sites collect any Personal Information from you if you navigate to these sites from the Website.
RETENTION, STORAGE AND REMOVAL
We may retain all Personal Information and Automatically-Collected Information in our databases for as long as necessary to perform the business purposes for which we’ve collected it, or until you ask us to remove your information from our databases, unless applicable laws require otherwise. When we have no ongoing legitimate business need to process your Personal Information, we will either delete or aggregate 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. Note that even after you ask us to remove your information from our databases, it may be impossible to remove some information, such as information tracked in our web server log files and information that may reside in backup files. This residual information is retained to preserve the integrity of our backed-up files and for business continuity purposes. We may also retain Automatically-Collected Information even after you request that we remove your information from our databases, for use in the aggregate and to analyze and improve the Website.
Further, even after you request that we remove your information from our databases, we may retain Personal Information and Automatically-Collected Information to comply with any applicable law, rule, regulation, or guideline; to prevent fraudulent activity; to protect ourselves against liability; and to allow us to enforce our contractual or other rights and to pursue available remedies and limit any damages we may sustain.
LINKS TO OTHER WEBSITES AND SERVICES
This Privacy Statement applies only to Personal Information and Automatically-Collected Information collected through the Services or that you otherwise provide to NLB. The Services may contain links to other websites that are not owned or controlled by us (“Linked Sites”). We are not responsible or liable for and have not reviewed the privacy practices of the Linked Sites, or the owners or operators of the Linked Sites. The owners and operators of the Linked Sites may have their own policies regarding privacy and security. We advise you to review any Linked Sites for their own privacy practices to determine what information about you may be collected and used when you use such Linked Sites.
For questions regarding this Privacy Statement or the information practices pertaining to the Website please contact us at:
Next Level Burger Company, Inc.
Attn: Privacy Dept.
70 SW Century Dr. Suite 1070
Bend, OR 97702