Hat Creek Privacy Policy

Effective Date: January 1, 2024

This Privacy Policy (“Policy”) describes the information collected by or on behalf of Hat Creek Burger Company (“Hat Creek,” “we,” “us,” or “our”) through our website (“Site”) and our mobile application (“App”) collectively referred to as the “Services”, and how the information is used, protected and shared. If you have questions or concerns about this Policy, please contact us as set forth below.

We may modify this Policy at any time. All changes will be effective immediately upon posting to the Services. Material changes will be conspicuously posted on the Site and the App, or otherwise communicated to you.

1. Information We Collect

We may collect information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with you (“Personal Information”) about you when you use our Services or otherwise interact with us. The Personal Information we collect falls into three categories: (a) information you provide to us; (b) information we collect through automated methods when you use our Services; and (c) information we collect from other sources (as further detailed below). We will collect, use, and share such Personal Information pursuant to this Policy and applicable law.

Personal Information is required to use certain Services, for example, to place an order, to contact us via our contact webform, email, or phone (where we may retain your message’s content and our response), book parties, receive or request data from us, and respond to communications from us (e.g., surveys and promotional offers). In such circumstances, we may be unable to provide you with our Services unless you provide your Personal Information.

Information You Provide to Us

We collect Personal Information that you provide directly to us, such as your name, email address, date of birth, mailing address, and phone number, payment information and other similar information. This may occur in the following ways:

Hat Creek Rewards Account. To create a Hat Creek Rewards account, you must submit your name, phone number, and email address, and create a password. This data is used to populate a profile within your account. Use of the Hat Creek Rewards account is subject to the Hat Creek Rewards Terms and Conditions.

Order & Payment Data. When you make a purchase or place an order online, we use a PCI-compliant payment processor to help us facilitate payment. Hat Creek does not receive your credit card, debit card or other financial information when you make a payment, and such information is provided directly to our payment processor. However, Hat Creek does receive information about your purchase and your contact information (e.g., name, email address, mailing address, phone number).

Purchasing Gift Cards. We may receive your contact information (e.g., name, address, phone number and email address) when you purchase a Hat Creek gift card online. If you purchase a gift card, you are purchasing through our vendor, Valuetec, whose privacy policy can be found here.

Applying to Work with Hat Creek. To submit job application materials online to work with us, you will be redirected from our Site to a website operated by a third-party vendor. You may be required to create an account with that vendor. We encourage you to review the terms and privacy policy posted on that vendor's website since this Policy does not govern your use of that website. If you send us your job application materials directly, we will only use and share job application materials to evaluate your qualifications to work with Hat Creek.

Donation Requests. If you submit a donation request on behalf of yourself or your organization, you will need to submit your name, email address, phone number, name of your organization, contact information, address, and additional information pertaining to the request.

Booking Parties and Fundraising Events. You may submit an inquiry to host a party or fundraising event at a participating Hat Creek location. Such inquiry will require your name, contact information, and other information relevant to your event. Please see additional information and a FAQ, made available here:

Marketing Communications. If you opt-in to receive marketing communications from us, you must submit your name, email address, mailing address, and phone number. We use this data to send you promotional and other electronic communications. We may use third-parties or service providers to deliver communications to you. You may opt-out of such marketing emails by using the unsubscribe link in the email or contacting us at info@hatcreekburgers.com with “Unsubscribe” in the subject line. To opt-out of other communications, please contact us as set forth below. Opting out of marketing communications does not opt you out of non-marketing communications, such as emails about your account or transactions.

You may also elect to receive text messages from us. When you sign up to receive SMS text messages, we will send you information about promotional offers and more. To the extent you voluntarily opt-in to receive SMS notifications sent directly to your mobile phone number, we receive and store the information you provide, including your telephone number or when you read a text message. You may opt out of receiving text messages at any time by replying “STOP”. See our Terms of Use for additional information regarding text message. Please note that even if you opt out of receiving future text-based or email marketing communications from us, we may still contact you about your account or purchases, engage with you in general advertising practices such as online ads, and respond to your inquiries or requests for information.

Feedback. When you provide comments or feedback about our Services the content on the Services ("Feedback"), we will not treat that Feedback as confidential, and we may use that Feedback for any purpose in our sole discretion so long as it does not personally identify you. Feedback will be used without attribution or compensation to you.

Data Automatically Collected

We may use automated technologies to collect information from your computer system or mobile device when you use our Services. This may include the following:

Account Activity. We may collect data about how you use (i) your Hat Creek Rewards account, and (ii) the Services when you are logged into your account, including the purchases you made through your account and locations where you made such purchases. We may combine data automatically collected from you with other Personal Information about you.

Cookies & Other Tracking Technologies.

We may use cookies, web beacons, pixel tags and other tracking technologies (collectively "Cookies") on our Site. A cookie is a small text file that our Site saves onto your computer or device when you use the Site that provides us certain information about your activities. Cookies allow the Site to remember your actions and preferences and recognize you or your browser, along with some information you provided. Web beacons / pixel tags are small graphics on a webpage that monitor your activity when viewing a webpage.

A Cookie can either be a “session” Cookie or a “persistent” Cookie. Session Cookies exist only for so long as you are visiting the applicable Site and are typically deleted when you exit your web browser. Persistent Cookies exist for a set period of time, for example, up to several months or years. Each time you visit a website that has implemented a persistent Cookie, the persistent Cookie is renewed, and that Cookie will remain active until its predetermined expiration date. You can manually delete persistent Cookies through your browser settings.

Cookies may either be “first-party” or “third-party” Cookies. A first-party Cookie allows your web browser to talk to the actual website that you are visiting (i.e., this Site). A third-party Cookie allows your web browser to talk to a third-party website, such as the source of an ad that appears on the website you are visiting or a third-party analytics provider. We may not have control over how a third-party uses information collected through third-party Cookies.

Most browsers automatically accept Cookies. You can disable this function by changing your browser settings but disabling cookies may impact your use and enjoyment of the Site. Not all features or functions of the Site may work properly if you disable Cookies. You cannot disable all Cookies, such as Cookies that are essential to the functioning of the Site.

The Cookies on our Site may collect information such as:

• IP addresses assigned to the computers and other devices you use;
• your internet service provider;
• device ID number;
• approximate geographic location;
• browser type;
• Site pages visited;
• websites you access before and after visiting the Site, and
• data related to how and when you use the Site.

California's "Do-Not-Track" Requirement. We currently do not honor “do not track” requests.

Video Content. The Site contains videos and embedded content provided by Hat Creek and other parties, including visible content and/or feeds scripts embedded in the Site's code. Hat Creek and such other parties, such as Vimeo may collect data about how you interact with such content. Please see Vimeo’s privacy policy for more information.

Google Maps. The Services contain maps provided by third parties and/or service providers for your convenience. Hat Creek and such other parties may collect data about how you interact with the maps. For example, Google may collect usage data on maps embedded in the Site or App. Even if you do not interact with the maps, Google may still collect certain information about your interactions with our Services if you are signed into your Google account when accessing our Services. Please see Google's Privacy Policy for more information.

2. How We Use Your Information.

We use Personal Information that we collect for the following purposes:

As Stated or Agreed to at the Point of Collection. We may use Personal Information for the purposes stated or agreed-to (or as is obvious) at the point of collection. For example, we use Personal Information to process orders, to facilitate our Hat Creek Rewards program, to review and process donation requests, and to respond to your questions, comments, or complaints. We may also use Personal Information as requested or consented to by you.

Administration. We use Personal Information for administrative purposes, such as managing your account, facilitating transactions and orders, to inform our business strategies, and to understand the user demographics and preferences.

Site and App Management. We use Personal Information for Site and App management, such as troubleshooting problems, improving the content and functionality, performing statistical and other analyses, and to customize our Services to you and our users.

Business Analytics. We use Personal Information for business analytics purposes, including consumer and operations research, to assess the effectiveness of our sales, online Services, marketing, and advertising, and to analyze market trends and customer demand.

Advertising and Communications. We may use Personal Information to send you promotions or to perform targeted advertising, to notify you of new products or programs, to notify you of new features of our Services, to notify you of changes to our Terms or this Policy, and for other similar communications.

To Protect Our Rights. We may use Personal Information to protect our legal rights or interests, or those of other parties, including to bring a legal action against you or anyone who may be causing harm to us, our Services, or to other users of the Services. We may also use Personal Information to seek business, financial or legal advice, and to respond to other legal requests.

How We Use Data Collected by Automatic Technologies. We use Cookies to: (i) make our Services function properly; (ii) provide personalized experiences; (iii) tailor our interactions with you; (iv) help with our marketing efforts; (v) provide us with valuable data and statistics about the usage and effectiveness of our Services; and (vi) help us improve our Services.

Google Analytics. We use Google Analytics to collect and process information about your use of the Site. Google sets cookies on your browser or device, and then your web browser will automatically send information to Google. Google uses this information to provide us with reports that we use to better understand and measure how users interact with our Site.

To learn more about how Google uses data, visit Google’s Privacy Policy and Google’s page on “How Google uses data when you use our partners’ sites or apps.” You may download the Google Analytics Opt-out Browser Add-on for each web browser you use, but this does not prevent the use of other analytics tools. To learn more about Google Analytics cookies, visit Google Analytics Cookie Usage on Websites.

Online Behavioral Advertising. We use third parties and/or service providers to provide interest-based advertising services. These services may serve advertisements on our behalf that are customized based on predictions about your interests generated from your visits to websites (including the Site) over time and across different websites. The data collected may be associated with your Personal Information. These advertisements may appear on the Site and on other websites and may be sent to you via email.

We use Google Ads to serve ads across various websites. Google uses Cookies to collect data about your visits to the Site to generate targeted advertisements to you on other websites that you visit. To opt-out of this type of advertising by Google, to customize your ad preferences, or to limit Google’s collection or use of such data, visit Google’s Safety Center and Google’s Ad Settings and follow Google’s personalized ad opt-out instructions. Opting out will not affect your use of the Site.

To change your preferences with respect to certain online ads or to obtain more information about ad networks and online behavioral advertising, visit National Advertising Initiative Consumer opt-out page or the Digital Advertising Alliance Self-Regulatory Program. Changing your settings with individual browsers or ad networks will not necessarily carry over to other browsers or ad networks. As a result, depending on the opt-outs you request, you may still see our ads. Opting-out of targeted advertising does not opt you out of all ads, just those targeted to you.

3. Retention of Personal Information

We will keep Personal Information for the period necessary to fulfil the purposes described in this Policy, unless a longer retention period is permitted or required by law.

4. Disclosure of Personal Information

We do not sell, rent or lease Personal Information to any third party. We may share Personal Information with the following categories of parties, in compliance with applicable laws:

Employees and Affiliates. We may disclose Personal Information with our employees and affiliates who have a need to know the information for our business purposes.

Third-Parties and/or Service Providers. We may disclose Personal Information with third parties and/or service providers that provide services for us. For example, we may disclose Personal Information with vendors that: host and manage the Services; provide our Hat Creek Rewards program; provide targeted advertising and other marketing; improve the content and functionality of the Services; perform data analysis and statistical analyses; troubleshoot problems with the Services; provide payment processing services and online storefronts; and support or provide the security of the Services.

Government Officials / Law Enforcement. We will cooperate with law enforcement and other governmental agencies, and may disclose Personal Information: (i) if we believe in good faith we are legally required to disclose that Personal Information, (ii) if we are advised to disclose Personal Information by our legal counsel, or (iii) when necessary to identify, contact or bring a legal action against someone who may cause or be causing harm to, or interfering with the legal rights of, Hat Creek or any other party.

Professional Advisors. We may disclose Personal Information with our professional advisors, such as our attorneys, accountants, financial advisors and business advisors, in their capacity as advisors to Hat Creek.

Change in Ownership. In the event Hat Creek is the subject of a change of control or in the event the Site changes ownership, in whole or in part, or in the event of a bankruptcy, receivership or a similar transaction, we may provide Personal Information to the subsequent owner(s).

Other. We may disclose Personal Information with third parties when explicitly requested by or consented to by you, or for the purposes for which you disclosed the Personal Information to us as indicated at the time and point of the disclosure (or as was obvious at the time and point of disclosure).

5. Use and Disclosure of Non-Personal Information.

Hat Creek may collect, use, disclose, transfer and otherwise process de-identified and aggregated information that it receives or creates for any purposes in its sole discretion, in compliance with applicable laws. Hat Creek is the sole and exclusive owner of such de-identified and aggregated information, including if Hat Creek de-identifies Personal Information so that it no longer considered Personal Information under applicable laws.

6. Children's Information

The Services are not directed at children under 13 years of age. We do not knowingly collect, sell, use, or share Personal Information from children under 13. If we obtain actual knowledge that any Personal Information, we collect has been provided by a child under the age of 16, we will promptly delete that information. If a parent or legal guardian learns that their child provided us with Personal Information without his or her consent, please contact us and we will make commercially reasonable attempts to delete such Personal Information.

7. Data Security

We use commercially reasonable technical and organizational measures to help secure Personal Information against loss, misuse, and alteration appropriate to the type of Personal Information processed. If a breach of your Personal Information occurs, we will notify you of the breach if required under applicable law.

You understand that no data transmission over the internet or device can be guaranteed to be 100% secure. While we strive to protect Personal Information, we do not guarantee the security of Personal Information and you provide Personal Information at your own risk.

8. Social Media

We are active on social media, including Facebook, X (formerly Twitter), and Instagram (“Social Media”). Anything you post on Social Media is public information and will not be treated confidentially. We may post (or re-post) on the Site and our Social Media pages any comments or content that you post on Social Media pages. Your use of Social Media is governed by the privacy policies and terms of the providers that own and operate those websites and not by this Policy. We encourage you to review those policies and terms.

The Services may use advertising networks and services offered by Social Media platforms to deliver advertising content, which may require us to use cookies, plug-ins, and APIs provided by such Social Media platforms to facilitate those communications and features.

9. Access from Outside the United States

If you access the Services from outside the United States, please be aware that Personal Information may be transferred to, stored in, and processed in the United States. Certain governmental authorities may not consider the level of protection of Personal Information in the United States to be equivalent to that required by the in other jurisdictions.

10. Third-Party Websites

The Services may link to websites not controlled by us. We are not responsible for third parties’ privacy policies or practices. This Policy does not apply to any third-party websites or to any data that you provide to third parties. You should read the privacy policy for each website that you visit.

Contact Us

If you have questions or concerns regarding this Policy, contact us at:

Hat Creek Burger Company
4407 Bee Cave Road, Suite 212
West Lake Hills, Texas 78746
(512) 732-2025