Legal

Effective Date: January 1, 2020

1. INTRODUCTION

Tavistock Freebirds, LLC  (“Freebirds”, “we”, “us”, or “our”) values your privacy. In this Privacy Policy (“Policy”), we describe what information we collect from you, why we collect it and use it, and how you can manage, export, and delete your information. “You” or “Your” refers to you, a user of our Site or Services.

This Policy explains how we collect, use, protect, and disclose personally identifiable information and data (“Personal Information”) when you use the Freebirds website at www.freebirds.com (“Site”) and associated mobile and other applications (“App”) and services, including our Freebirds Fanatics Loyalty program  (“Loyalty Program”), any online orders or purchase you make at our Site or any of our restaurants (collectively, the “Services”). This Policy also explains your choices for managing your Personal Information preferences, including your rights under the California Consumer Privacy Act (“CCPA”). Please note that you need to be a U.S. resident to register to our website and be a member in any of our programs. By using and registering to our website and/or any of our loyalty programs, you acknowledge that you are a U.S. resident and that you do not reside in other countries, specifically that you do not reside in a country that is part of the European Union or the European Economic Area.

This Policy is subject to the Terms and Conditions which govern any Services.  By accessing or using the Site or Services, you consent to and agree to be bound by this Policy and, depending on the Service, the relevant Terms and Conditions. If you are a resident of California, additional provisions may apply to you as set forth in Appendix A below.

Who Is Collecting Your Information

The Site is operated by Freebirds, which is the controller for all Personal Information collected through the Site and Services and at our restaurants.   This Policy applies only to the Site, Services and our restaurants. 

Managing Your Information Preferences

You can request to review, correct, update, change, or delete the Personal Information you provided to us by contacting us at either the phone number or email address provided in this policy.  We will respond to your requests within the time period specified by applicable law, or if no time period is specified, we will use reasonable efforts to respond within thirty (30) days of receipt of the request, subject to any limitations in applicable law.

If you wish to exercise your rights under the CCPA, please review Appendix A below. If you wish to opt-out of receiving email marketing communications, you can click the unsubscribe mechanism at the bottom of the email.  

Information We Collect

1. Personal Information We Collect Directly From You

We collect Personal Information that you choose to provide us, such as when you make a reservation at one of our restaurants, register for email communications, and/or when you register to our Loyalty Program through the Site, including name, address, phone number, email address, birthdate, favorite Freebirds locations and a user name and password for your Loyalty Program account (collectively, “Registration Information”).  When you sign up for our Loyalty Program, we ask for your consent to send marketing emails to you.  You may revoke this consent at any time as described in the section on “Managing Your Information Preferences.”

We also collect Personal Information when you sign up, use, or make an online order of food, swag, memorabilia, and gift cards through our Site, App, or Services.

We also collect information regarding your transactions at our restaurants (“Transaction Information”) which we use to fulfill your orders, administer our Loyalty Program, for marketing and promotions, and to develop and improve our products and services.

If you apply for a job at one of our locations or online at the Site, we may collect certain information to process that information, including your name and contact information and your resume (“Job Applicant Information”).  Our online job applicant portal is managed by Snagajob, which maintains the Personal Information on our behalf.  See https://www.snagajob.com/privacy for the Snagajob’s privacy policy which applies to their collection and use of your Personal Information.

From time to time, our Site may request Personal Information from you via surveys.  Participation in these surveys is completely voluntary.   Survey Personal Information will be collected and used for purposes of monitoring or improving the use, features, and performance of the Site and our other products and services.

2. Information We Collect Automatically

We may automatically collect the following Personal Information about your use of our Site or Services through cookies and other technologies:  your domain name; your browser type and operating system; web pages you view; links you click; your IP address; your mobile device ID; the length of time you visit our Site or Services; and the referring URL, or the web page that led you to our Site (collectively, “Usage Data”).  We may combine this Usage Data with other information that we have collected about you, including, where applicable, your Personal Information.  Please see the section “Our Use of Cookies and Other Tracking Mechanisms” below for more information.  We use Usage Data to help us understand how people use the Site and Services, and to enhance our Site and the Services we offer.

Geolocation.  If you have provided permission through your mobile device to allow us to collect location information through the App, we may obtain your physical location information in terms of latitude and longitude from technologies like GPS, Wi-Fi, or cell tower proximity. You are able to withdraw your permission for us to acquire such physical location information from your mobile device through your mobile device settings, although we do not control this process.  If you have questions about how to disable your mobile device’s location services, we recommend you contact your mobile device service provider or the mobile device manufacturer.

3. How We Use Your Information

We use your Personal Information for the following business purposes:

• To provide our Site and Services to you, including reservations and services you request at our restaurants, to optimize and fulfill your online orders through our Site or the App, to communicate with you about your use of our Site and Services, to respond to your inquiries, to process job applications, to fulfill your orders, and for other customer service purposes.
• To tailor the content and information that we may send or display to you, to offer location customization, personalized help and instructions, and to otherwise personalize your experiences while using our Site or Services.
• To notify you about marketing and promotional opportunities. For example, we may use your information, such as your email address, to send you news and newsletters, special offers, and promotions, or to otherwise contact you about products or information we think may interest you.  We also may use the information that we learn about you to assist us in advertising our Site and Services on third-party websites.
• To conduct promotions, such as sweepstakes, contests and giveaways, and to administer and operate our Loyalty Program.
• To better understand how users access and use our Site and Services, both on an aggregated and individualized basis, in order to improve our Site and Services and respond to user desires and preferences, and for other research and analytical purposes.

4. How We Share Your Information

We may share your Personal Information as follows:

• Affiliates. We may disclose the Personal Information we collect from you to our affiliates that own and operate our various restaurants; however, if we do so, their use and disclosure of your Personal Information will be maintained by them in accordance with this Policy.
• Service Providers. We may disclose the Personal Information we collect from you to third-party vendors, service providers, contractors or agents who perform functions on our behalf (“Service Providers”).  For example, we may contract with Service Providers to provide certain services, such as hosting and maintenance, data storage and management, property management, and marketing and promotions; we use Punchh to manage our Loyalty Program (see https://punchh.com/privacy_policy/ and Snagajob for Job Applicant Information (see https://www.snagajob.com/privacy) and Olo and MonkeyMedia to manage online ordering (see https://www.olo.com/privacy-policy/ and http://monkeysoftsolutions.com/privacy-policy/ and SaleForce to manage guest communications (see https://www.salesforce.com/company/privacy). We only provide our Service Providers with the information or access to information necessary for them to perform these services on our behalf.  Each Service Provider must agree to use commercially reasonable security procedures and practices, appropriate to the nature of the information involved, in order to protect your Personal Information from unauthorized acquisition, access, use, or disclosure.  Service Providers may only use the Personal Information to provide services to Freebirds and are prohibited from using Personal Information other than as authorized by Freebirds under this Policy.
• Business Transfers. If we are acquired by or merged with another company, if substantially all of our assets are transferred to another company, or as part of a bankruptcy proceeding, or if we are in negotiations with respect to any such transaction, we may transfer the Personal Information we have collected from you to the other company or legal entity.
• In Response to Legal Process. We also may disclose the Personal Information we collect from you in order to comply with the law, a judicial proceeding, court order, or other legal process, such as in response to a subpoena.
• To Protect Us and Others. We also may disclose the Personal Information we collect from you where we believe it is necessary to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person, violations of any applicable Terms and Conditions for Services provided through this Site or this Policy, or as evidence in litigation in which we are involved.
• Aggregate and De-Identified Information. We may share aggregate or de-identified Personal Information about users with third parties and publicly for marketing, advertising, research, or similar purposes.

Except as noted in this Section 4, we do not disclose Personal Information to third parties, including for their direct marketing purposes, without your consent, except as explained in this Policy.

5. Retention of Personal Information

We retain Personal Information about you for the time necessary to accomplish the purpose for which such information was collected, usually for the duration of any contractual relationship or as long as you use or are registered for any of the Services and for any period thereafter as legally required or permitted by applicable law.  Our retention policies respect applicable statute of limitation periods and legal requirements.

6. Our Use of Cookies and Other Tracking Mechanisms

We and our Service Providers use cookies (google ad word pixel for page search ads and a global tag manager and a facebook and isntagram tracking pixel for ads), web beacons, and other tracking mechanisms to track information about your use of our Site and Services.  We may combine this information with other Personal Information we collect from you (and our Service Providers may do so on our behalf).

Currently, our systems do not recognize browser “do-not-track” requests.  You may, however, disable certain tracking as discussed in this section (e.g., by disabling cookies), but such disabling will impair use of the Site and Services.

Cookies.  Cookies are alphanumeric identifiers that we transfer to your computer’s hard drive through your web browser for record-keeping purposes.  Some cookies allow us to make it easier for you to navigate our Site and Services, while others are used to enable a faster log-in process or to allow us to track your activities at our Site and Services.  There are two types of cookies:  session and persistent cookies.

• Session Cookies. Session cookies exist only during an online session.  They disappear from your computer when you close your browser or turn off your computer.  We use session cookies to allow our systems to uniquely identify you during a session or while you are logged into the Site.  This allows us to process your online transactions and requests and verify your identity, after you have logged in, as you move through our Site.
• Persistent Cookies. Persistent cookies remain on your computer after you have closed your browser or turned off your computer.  We use persistent cookies to track aggregate and statistical information about user activity.

Disabling Cookies.  Most web browsers automatically accept cookies, but if you prefer, you can edit your browser options to block them in the future.  Visitors to our Site who disable cookies will not be able to browse certain areas of the Site or use the Services.

Third-Party Analytics.  We use automated devices and applications, such as Google Analytics, to evaluate usage of our Site and Services.  We also may use other analytic means to evaluate our Services.  We use these tools to help us improve our Services, performance, and user experiences.  These entities may use cookies and other tracking technologies to perform their services.  We do not share your Personal Information with these third parties unless we have your prior consent to do so.  For more information on Google analytics, including how to opt-out, go to https://tools.google.com/dlpage/gaoptout.

7. Security

We maintain physical, technical, and administrative safeguards to protect the security of information transmitted to us through this Site or Services.  However, no data transmission over the Internet or other network can be guaranteed to be 100% secure.  As a result, while we strive to protect information transmitted on or through the Site or Services, we cannot and do not guarantee the security of any information you transmit on or through the Site or Services, and you do so at your own risk.  You are also responsible for maintaining the security of any password or user login credentials you are provided in connection with the Site or the Services, including your user login credentials for your Loyalty Program account.  You should use robust passwords that are not easily guessed.  We are not responsible for any unauthorized use of your user login credentials, but you should notify us immediately if you are aware or suspect unauthorized use of your Loyalty Program account.

8. Links to Other Websites

Our Site, mobile applications, and Services may contain links to other websites, including websites that collect data or solicit Personal Information, or allow others to send you such links.  A link to a third party’s website does not mean that we endorse it or that we are affiliated with it.  We do not exercise control over third-party websites and are not responsible for their privacy and security policies and practices.  You access such third-party websites or content at your own risk.  We encourage users to be aware when they leave this Site and to read the privacy policy of a third-party website before providing any information to the third-party website.

9. Children’s Privacy

We do not intend for our websites or other online services to knowingly collect or solicit any information from anyone under the age of 13 or knowingly allow minors under the age of 13 to disclose their Personal Information to us through our Site.  Our Site is directed to individuals who are over 18 and are permitted to share their Personal Information without parental consent.  If you believe that we might have any information from a child under 13, please contact us as directed below in the “How to Contact Us?” section. You may mark your inquiry “COPPA Information Request.” Parents can learn more about how to protect children’s privacy online at https://www.consumer.ftc.gov/articles/0031-protecting-your-childs-privacy-online.

10. Processing in the United States

Please be aware that, depending on your location, your Personal Information and communications may be transferred to and maintained on servers or databases located outside your state, province, or country.  If you are located outside of the United States, please be advised that we store all Personal Information in the United States.  The laws in the United States may not be as protective of your privacy as those in your location.  By using the Site or Services, you agree that the collection, use, transfer, and disclosure of your Personal Information and communications will be governed by the applicable laws in the United States.

11. How to Contact Us?

You may address all communications to 1800-219-0345, or email to [email protected] Please include your name, address, and phone number, or email in all communications and state clearly the nature of your request.

12. Complaints

If you feel that Freebirds has not complied with the policies outlined in this Policy, please contact us at 1800-219-0345, or email to [email protected] Please include your name, address, and phone number, or email in all communications and state clearly the nature of your request.  The Company will investigate and attempt to resolve complaints and disputes regarding use and disclosure of Personal Information in accordance with the principles contained in this Policy within thirty (30) days of receiving the complaint, unless a shorter period is required by law.

13. Privacy Policy Changes

We may change this Policy from time to time.  If we decide to change this Policy, we will inform you by posting the revised Policy on the Site.  For those who have registered for our Loyalty Program, we will notify you at the address provided in your account; you should ensure that your ensure is updated and correct.  Any changes will go into effect on the “Revised” effective date shown in the revised Policy.  By continuing to use the Site or Services, you consent to the revised Policy.

14. Nevada.

Although we do not sell consumers’ personal information, out of abundance of caution and according to Nevada law, any Nevada consumer who wants opt out of the sale of personal information may submit a request by contacting us at [email protected] Please note that we will take reasonable steps to verify your identity and the authenticity of the request.

Appendix A - Your Rights Under the California Consumer Privacy Act

If you are a California resident who has provided Personal Information to Freebirds, or a California resident that reasonably believes that Freebirds collected or stores their Personal Information, you may exercise your rights under the CCPA and submit your requests in one of the following methods: (a) [email protected]; (b) by calling the following toll free number 1800-219-0345.

NOTE: we do not sell your Personal Information as that term is defined in the CCPA or under Nevada Law (Section Chapter 603A of the Nevada Revised Statutes). 

You have the right to request Freebirds to:

• Disclose if we have collected Personal Information on you;
• Disclose the categories of Personal Information that we have collected on you (if any);
• Disclose the Personal Information that we have collected on you (if any); and
• Delete Personal Information we have collected on you (if you satisfy the conditions set out in the CCPA).

In order to submit a request, we will need to verify your identity. If you have an account with us that is password-protected, we may verify your identity through our existing authentication practices for your account. 

If you do not have an account with us, and your request concerns “categories” of Personal Information collected, we can request from you two data points of personal information to verify your identity. If you do not have an account with us, and your request concerns specific Personal Information, we can request from you at least three data points of Personal Information as well as a signed declaration with penalty of perjury to verify your identity.

Please note that following your verified request, we will send you your Personal Information from the following email address: [email protected] (Any response to your request, including any Personal Information may be sent as an encrypted file).

Please note that once you have submitted a request, we will send you a receipt, acknowledging your request, within 10 days. If, for some reason, you do not receive such a receipt within 10 days of your submitted request, please send us an email to [email protected] as an error may have occurred.

We will process and respond to your request within 45 days after it is received (in some cases, as is allowed under the CCPA, this process may be extended by an additional 45-90 days).

Please note, that regarding requests under subsections (a), (b), and (c) above, you may only make two requests in a 12-month period, and the information provided need only cover the 12-month period prior to your request.

We hereby inform you that if you exercise any of your rights under the CCPA we may not deny you goods or services for that reason, or subject you to different prices than those paid by other consumers, unless provided otherwise under the CCPA, Federal, or State law.

Notice of Information We Collect

Pursuant to California Civil Section 1798.100(b), this serves as notice of the categories of Personal Information that we collect through the Site and Services and the commercial purposes for which the information was collected. Please note that all of the categories of Personal Information we collect about you (as detailed below) come from the following categories of sources:

• You, including through your use of our services
• Automatically collected from you
• Our affiliate companies
• Third parties

In particular, the Site and Services have collected the following categories of Personal Information from California consumers within the last twelve (12) months:

Category	Collected	Commercial Purpose
A. Identifiers.	Yes	To provide the Site and Services
	Registration Information	To review, process and evaluate job applicants
	Transaction Information	To administer and provide Loyalty  Program
	Usage Information	For marketing and promotional purposes
		To contact you in response to your inquiries
		For security and fraud prevention purposes
		To optimize your use of our Site and mobile application
B. Personal	Yes	To reserve and provide the Site and Services
information categories listed in the California Customer Records
statute (Cal. Civ. Code § 1798.80(e)).	Registration Information	For security and fraud prevention purposes
	Job Applicant Information	To review, process and evaluate job applicants
		To comply with legal reporting requirements
C. Protected	Yes, Only in connection with Job Applicant Information	To comply with legal reporting requirements
classification
characteristics under
California or federal law.
D. Commercial information.	Yes.	To administer the Loyalty Program
	Transaction Information	To provide goods and services
		To develop and improve goods and services
		For marketing purposes
		To optimize your use of our Site  and mobile application
E. Biometric information.	No
F. Internet or other similar network activity.	Yes	To evaluate, develop and improve the performance, features and functionalities of the Site’ and the Services
	Usage Information	For marketing purposes
G. Geolocation data.	Yes if you have opted to in being tracked through the App	To provide the App and the Services
H. Sensory data.	No
I. Professional or employment-related information.	Yes	To review, process and evaluate job applicants
	Only in connection with Job Applicant Information
J. Non-public	No
education information
(per the Family
Educational Rights
and Privacy Act (20
U.S.C. Section 1232g,
34 C.F.R. Part 99)).
K. Inferences drawn from other personal information.	No

REWARDS PROGRAM

The Details

Earning Points

You will earn 1 point for every $1 you spend before tax in Freebirds Rewards Program. To receive your points order either online at Freebirds.com or using the Freebirds App, while logged into your Rewards account, and points will be added within 24 hours. Alternatively, for in restaurant ordering, you may either attach your phone number to your account and provide your phone number to the cashier or scan the bar code on your receipt into the app within 72 hours of your purchase and your points will be added to your account. Please note that you may only scan 1 receipt every 4 hours and catering, alcohol and gift card purchases are not eligible for points.

Redeeming Rewards

All available/earned rewards can be viewed by tapping Loyalty in account settings or when you check out. Simply select the reward you wish to redeem while checking out and it will be applied automatically to your order.

Freebirds Food Rewards

If you redeem a food reward within the App, a 7-digit redemption code will appear. When you get to the register, show this to the cashier to claim your reward! Please note that your code is only valid for 2 hours from the time you redeem, so we recommend waiting until you arrive at Freebirds to tap redeem. If you close the app, you can always get back to any active redemption code under the Account History section under the Account Settings tab. If you are using the mobile web or desktop browser, the code can be printed and brought to Freebirds within 24 hours of clicking redeem to claim your reward.

Inviting Friends

You can earn even more points by inviting your friends to join Freebirds Rewards Program under the Invite Friends section, you can share your invite code with friends and family, asking them to use the code when they sign up. Once they sign up with the code and scan their first receipt, you will receive 10 points!

Gift Cards

You can add your existing gift cards to the app, or buy a new one. You can then pay with your digital gift card and share gift cards with your family and friends!

FREEBIRDS REWARDS PROGRAM AND APP TERMS AND CONDITIONS

The Freebirds Rewards Program (the “Rewards Program”) and the Freebirds App (the “App”) are offered by Tavistock Freebirds, LLC (“Freebirds”, “we”, or “us”). These Terms and Conditions (“Terms and Conditions”) apply to the Rewards Program and App (collectively “Program”). These Terms and Conditions are a legal and binding agreement between you and Freebirds governing your use of this Program, which includes its content, information, services, and features, and your participation in the Rewards Program.

Please read these Terms and Conditions, which apply to your use of, enrollment and participation in the Program. If you do not agree to these terms, then do not use or enroll or participate in the Program.

NOTE: THESE TERMS AND CONDITIONS ALSO CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND CONDITIONS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH FREEBIRDS. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW.

Modifications

We may modify these Terms and Conditions from time to time. When we do, we will notify you by email at the email address you provided to us or otherwise as required under applicable law.
It is therefore very important that you maintain your account information up to date or notify us when your email address changes. Any changes to this Terms and Conditions will also be posted here. Your continued use of the Program after any modification confirms your acceptance to the modifications.

Additionally, Freebirds may at any time, for any reason, and without notice or liability: (1) modify, suspend, or terminate operation of or access to this Program or any portion thereof; (2) change, revise, or modify this Program or any portion thereof; (3) interrupt the operation of this Program or any portion thereof for maintenance and support; (4) impose limits on certain features and services, or restrict access to the Program; and/or (5) terminate the authorization, rights, and license given above. You further agree that Freebirds may (but is not required to) send to your mobile device automatic updates to the Program from time to time; if you block or disable such automatic updates, the Program may cease or fail to function or not contain certain features. Upon any termination, the rights and licenses granted to you herein shall terminate, and you must cease all use of the Program.

Content and Use

This Program and all content, information, and other materials featured, displayed, contained, and available on this Program (collectively, the “Content“) are owned by or licensed to Freebirds and are protected by copyright, trademark, trade dress, patent, and/or other intellectual property rights. Subject to your compliance with these Terms and Conditions, Freebirds grants you a personal, non-exclusive, non-transferable, limited right to access, use, display, and download this Program for noncommercial purposes only. You may not, in any way, otherwise copy, reproduce, distribute, transmit, display, perform, reproduce, publish, license, modify, reverse engineer or derive source code from, create derivative works from, sell, or exploit, in whole or in part, this Program or its Content. All rights in the Program not granted hereunder are expressly reserved to Freebirds.

You agree to use this Program and the Content in accordance with these Terms and Conditions and all applicable laws and regulations. Freebirds may prohibit access, use, conduct, communications, or content that we, in our sole discretion, deem to be harmful to this Program, the Content, users, us, our brand, or any other person or entity, or that violates these Terms and Conditions and/or applicable law. Any violation of these Terms and Conditions will result in the termination of your rights to access and use the Program.

Any content that you post or otherwise make available on or through the Program, except such Content owned by Freebirds, its subsidiaries or business partners, shall be deemed “User Generated Content”, including but not limited to comments, reviews, materials, information, data, profiles, messages, notes, links to websites, text information, photos, music, videos, designs, graphics, sounds, and any other content. All User Generated Content submitted by you on the Site or via the Services will be considered non-confidential and non-exclusive. You grant to Freebirds a non-exclusive, non- revocable, worldwide, transferable, royalty-free, perpetual right to use your User Generated Content in any manner or media now or later developed, for any purpose, commercial, advertising, or otherwise, including the right to translate, display, reproduce, modify, create derivative works, sublicense, distribute, assign and commercialize without any payment due to you.

You agree not to use the Program to post or transmit any User Generated Content or other material which is or may be infringing on intellectual property rights of others, harassing, threatening, false, misleading, inflammatory, libelous, an invasion of privacy or disclosure of private information, obscene, pornographic, abusive, discriminating, illegal or any material that could constitute or encourage conduct that would be considered a criminal offense, violate the rights of any party or in other ways may give rise to civil liability or non-compliance with any relevant laws of your local jurisdiction. You agree to defend, indemnify and hold harmless Freebirds from any and all claims, losses, liabilities, or expenses (including attorney’s fees) arising from your User Generated Content or your violation of these Terms and Conditions.

Rewards Program

Freebirds offers the Program to reward and thank our loyal restaurant guests. The Program is available to enrolled members at participating Freebirds restaurants in the United States. Points (as defined below) and Rewards (as defined below) accumulated under the Program are promotional and have no cash value, and may not be sold, bartered, traded, transferred or assigned by operation of law or otherwise. There are no membership fees associated with the Program.

Eligibility: You may enroll in the Program if you: (1) are a legal resident of the 50 United States and the District of Columbia; (2) at least 13 years of age at the time you enroll; (3) have an active, valid e-mail address; and (4) are a human being. No corporations, partnerships, limited liability companies, other legal entities, pets or inanimate objects can participate in the Program.

The Program is not targeted towards, nor intended for use by, anyone under the age of 13. If you are between the ages of 13 and 18 or a minor in your jurisdiction of residence, you may only use the Program under the supervision of a parent or legal guardian who agrees to be bound by these Terms and Conditions.

Enrollment/Rewards Account: You can enroll in the Rewards Program and create a Rewards account (“Rewards Account”) in one of the following ways:

Visit www.freebirds.com to create a Rewards Account; or

Through the App; or

Provide your phone number to a Freebirds cashier (note: you will need to complete your registration at Freebirds.com in order to redeem rewards).

Your Rewards Account is personal to you and may not be sold, transferred or assigned to, or shared with family, friends or others. You may have only one (1) Rewards Account.

As a part of the Program, Freebirds will send you transactional, informational, and promotional messages and/or offers. These communications may happen in the form of push notifications through the App, SMS messaging (separate opt-in required), email, and/or any other ways you may have selected when you enrolled in the Program. If your contact information changes, or if you wish to change your contact information or the method by which we send you messages, please log into your Rewards Account and update your contact information or preferences.

You will earn and receive Points (as defined below) toward Rewards (as defined below) as follows:

Qualifying Purchases: Members will earn and receive points (“Points”) toward Rewards by making qualified purchases either via the App, online at Freebirds.com (while logged into your Rewards Account), or at participating Freebirds restaurants by either providing your phone number to the Freebirds cashier at checkout or and scanning the bar code on the receipt from your purchase with the built in scanner in the App or uploading a photo of your receipt to the App within 72 hours of your purchase. You will earn one Point for each $1 purchased based on the actual amount paid (excluding taxes and tips). If you purchase an item at a discount, Points will be based on the discounted amount actually paid. Further, you may only earn Points for one purchase per 4 hour period meaning that you will only be eligible for one receipt submission per visit regardless of the number of transactions you make during that visit. Points will be added to your account within 24 hours.

A qualified purchase means a purchase of food or beverage at a participating Freebirds restaurant, excluding the following: (a) alcohol purchases; (b) third party vendor facilitated orders where the purchase price is not directly collected by Freebirds; (c) purchases of gift cards; (d) food truck and off-site events; (e) restaurant buyouts (reserving an entire restaurant for an event) and (f) Point redemptions.

Social Media Sharing & Referral Bonuses: You can also receive an extra 10 Points for every Facebook friend you refer who joins our Rewards Program and starts earning Points. Your extra Points will not be awarded until the referred member enrolls in the Rewards Program and earns their first Points or uses your invite code.

You can also share your Freebirds experience on your personal Facebook page through the App. You have the option to make your comment public, but please note that by making your comment public, we may use your comment on the Freebirds website, Facebook page, and/or other social media outlets.

Rewards: By accumulating Points in your Rewards Account, you will be entitled to earn certain rewards (“Rewards”), which you may redeem at participating Freebirds restaurants. The type of Reward that is applicable will be based on the number of Points in your account. A minimum number of Points may need to be earned before you are eligible for any Reward.

Each Reward will be valid for 14 days unless otherwise specified. Once you have accumulated the appropriate number of Points you can redeem these Points for Rewards at the rate/cost listed. You may only redeem one Reward per visit regardless of the number of Rewards you have earned in your Rewards Account. If you redeem a food Reward through the App, a 7-digit redemption code will appear on your mobile device. You can redeem this Reward by showing the code when you get to the register. Please note, however, that your code is only valid for 2 hours from the time you redeem; therefore, we recommend waiting until you arrive at Freebirds to tap redeem on your App.

A Reward may not be combined with any other offer or coupon. Points are valid for 365 days, unless a longer period of time is required by law, in which case the Points are valid for the minimum period of time required by law.

Additional Rewards Program Terms: Freebirds reserves the right to terminate your Rewards Account and/or your participation in the Rewards Program if we determine in our sole discretion that you have violated these Terms and Conditions, you have more than one (1) account, or that the use of your account is unauthorized, deceptive, fraudulent or otherwise unlawful. Freebirds may, in its sole discretion, suspend, cancel, or combine Rewards Accounts that appear to be duplicative, and may refuse to allow you to re-enroll in the Rewards Program. Freebirds also reserves the right to “unregister” and make ineligible for the Rewards Program any Rewards Account that has been inactive for 365 days. Inactive is defined as no Rewards earned.

Freebirds has the right at any time, with or without giving you prior notice, to:

• end or cancel the Program and/or any specific Reward;
• change any Reward or other Program benefit we offer;
• change the requirements for earning a particular Reward;
• change the time you have in which to earn a particular Reward; and/or
• change any other feature of the Program.

If we end the Program, Rewards you have earned but not used will expire on the end date, and you may not redeem any Rewards or use any credits after the end date, unless such expiration is prohibited by law, in which case the Rewards will remain in effect for the minimum period required by law.

Login and Registration

Certain features or services offered on or through this Program require you to complete a registration process and/or setup an account or login. In connection therewith, you agree to (1) provide true, accurate, current, and complete information about yourself, and (2) maintain and promptly update your information to keep it true, accurate, current, and complete. You are entirely responsible for maintaining the confidentiality of the information you hold for your login, including your password. You agree to notify Freebirds immediately of any unauthorized use of your login, or any other breach of security. You may be held liable for losses incurred by Freebirds or any other Program user or visitor due to someone else using your login as a result of your failing to keep your login information secure and confidential.

You may not use anyone else’s account or login information. Freebirds shall not be liable for any loss or damage arising from your failure to comply with these obligations.

No Warranties

THIS PROGRAM, THE APP, THE CONTENT, AND THE REWARDS PROGRAM ARE PROVIDED ON AN “AS IS”, AND “AS AVAILABLE” BASIS, AND FREEBIRDS HEREBY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF

ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, FREEBIRDS DOES NOT GUARANTEE THAT THE PROGRAM OR CONTENT WILL BE ERROR-FREE, UNINTERRUPTED, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED.

Limitations of Liability

IN NO EVENT SHALL FREEBIRDS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DAMAGES (DIRECT OR INDIRECT) WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE ARISING OUT OF OR IN CONNECTION WITH THIS PROGRAM (INCLUDING ITS MODIFICATION OR TERMINATION), THE CONTENT, THE PROGRAM, OR THESE TERMS AND CONDITIONS, WHETHER OR NOT FREEBIRDS MAY HAVE BEEN ADVISED THAT ANY SUCH DAMAGES MIGHT OR COULD OCCUR AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. BECAUSE SOME STATES DO NOT PERMIT THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.

Electronic Communications

When you order online, visit this App, use the Program or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices within the Program. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in these Terms and Conditions.

International Users

The Program is controlled, operated, and administered by Freebirds from offices within the United States of America. We make no representation regarding use of this Program outside of the United States. You may not use this Program or export any portion of it in violation of U.S. export laws and regulations. If you access this Program from locations outside of the United States of America, you are responsible for compliance with all local laws.

DISPUTE RESOLUTION AND ARBITRATION; CLASS ACTION WAIVER

Please Read This Provision Carefully. It Affects Your Legal Rights.

This Dispute Resolution and Arbitration; Class Action Waiver Provision (“Provision”) facilitates the prompt and efficient resolution of any dispute (e.g., claim or controversy, whether based in contract, statute, regulation, ordinance, tort – including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence – or any other legal or equitable theory, and includes the validity, enforceability or scope of this Provision (with the exception of the enforceability of the Class Action Waiver clause below)) that may arise between you and Freebirds. Effectively, then, “Dispute” is given the broadest meaning enforceable by law and includes any claims against other parties relating to services or products provided or billed to you (such as our licensors, suppliers, dealers or third-party vendors) whenever you also assert claims against Freebirds in the same proceeding.

This Provision provides that all Disputes between you and us shall be resolved by binding arbitration because acceptance of the terms of this Provision constitutes a waiver of your right to litigation claims and all opportunity to be heard by a judge or jury. We prefer this because we believe arbitration is less drama-filled than litigation. To be clear, there is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this Provision and can award the same damages and relief as a court (including attorney’s fees). You may, however, opt-out of this Provision which means you would have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). YOU AND FREEBIRDS AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.

Pre-Arbitration Claim Resolution

For all Disputes, whether pursued in court or arbitration, you must first give Freebirds an opportunity to resolve the Dispute which is first done by emailing to Freebirds at [email protected] the following information: (1) your name, (2) your address, (3) a written description of your claim, and (4) a description of the specific relief you seek. If we do not resolve the Dispute within 45 days after receiving your notification, than you may pursue your Dispute in arbitration. You may pursue your Dispute in a court only under the circumstances described below.

Exclusions from Arbitration/Right to Opt Out

Notwithstanding the above, you or we may choose to pursue a Dispute in court and not by arbitration if: (a) The Dispute qualifies for initiation in small claims court; or (b) YOU OPT- OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THIS AGREEMENT (the “Opt-Out Deadline”). You may opt-out of this Provision by emailing Freebirds at [email protected] the following information: (1) your name; (2) your address; (3) a clear statement that you do not wish to resolve Disputes with Freebirds through arbitration. Either way, we will not take any decision you make personally. In fact, we promise that your decision to opt-out of this Arbitration Provision will have no adverse effect on your relationship with Freebirds. But, we do have to enforce the Opt-Out Deadline so keep in mind that any opt-out request received after the Opt- Out Deadline will not be valid and you must pursue your Dispute in arbitration or small claims court.

Arbitration Procedures

If this Provision applies and the Dispute is not resolved as provided above (Pre-Arbitration Claim Resolution) either you or we may initiate arbitration proceedings. The American Arbitration Association (“AAA”), www.adr.org, will arbitrate all Disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration, and shall in no event be commenced as a class arbitration. All issues shall be for the arbitrator to decide, including the scope of this Provision.

For arbitration before AAA, for Disputes of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for Disputes involving $75,000 or more, the AAA’s Commercial Arbitration Rules will apply. In either instance, the AAA’s Optional Rules for Emergency Measures of Protection shall apply. The AAA rules are available at www.adr.org.

Because the App and these Terms and Conditions concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all Disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.

Arbitration Award – The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.

Location of Arbitration – you or we may initiate arbitration in either Austin, Texas or the federal judicial district that includes your billing address. In the event that you select the latter, we may transfer the arbitration to Austin, Texas so long as we agree to pay any additional fees or costs which the arbitrator determines you incur as a result of the transfer.

Payment of Arbitration Fees and Costs – So long as you place a request in writing prior to commencement of the arbitration, we will pay all arbitration fees and associated costs and expenses. But, you will still be responsible for all additional fees and costs that you incur in the arbitration which include but are not limited to attorneys’ fees or expert witnesses.

Class Action Waiver

Except as otherwise provided in this Provision, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless both you and we specifically agree to do so following initiation of the arbitration. If you choose to pursue your Dispute in court by opting out of the Arbitration Provision, as specified above, this Class Action Waiver will not apply to you. Neither you, nor any other user of this App or participant in the Rewards Program can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above.

Jury Waiver

You understand and agree that by accepting this Provision in these Terms and Conditions, you and we are each waiving the right to a jury trial or a trial before a judge in a public court. In the absence of this Provision, you and we might otherwise have had a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided below, those rights are waived. Other rights that you would have if you went to court (e.g. the rights to both appeal and certain types of discovery) may be more limited or may also be waived.

Severability

If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision whose remainder will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the Dispute will be decided by a court.

Continuation

These terms and conditions shall survive the termination of your rights to or your discontinued use of the App or participation in the Program. Notwithstanding any provision in these Terms and Conditions to the contrary, we agree that if we make any change to this Provision (other than a change to the Notice Address), you may reject any such change and require Freebirds to adhere to the language in this Provision if a Dispute between you and Freebirds arises.

Governing Law/Venue

These Terms and Conditions are governed by and subject to the laws of the State of Texas, USA and, where applicable, U.S. federal law, without regard to conflict of law principles. Except for claims subject to arbitration as set forth above, you agree to submit to the exclusive jurisdiction and venue of the courts located in Texas for any Disputes arising out of these Terms and Conditions, the App, or the Rewards Program. Notwithstanding this or the arbitration Provision, you agree that Freebirds may apply for injunctive or other equitable relief in any court of competent jurisdiction.

Privacy

Please review our Privacy Policy located at https://www.freebirds.com/brochure/terms/service/ (the “Privacy Policy”), which is incorporated herein and also governs your use of this Program and any personal information you provide or we collect through the Program, to understand Freebirds privacy practices.

General Provisions

All or any of Freebirds’ rights and obligations hereunder may be assigned to a subsequent owner or operator of this Program in a merger, acquisition or sale of all or substantially all of Freebirds assets. These Terms and Condition represent the entire agreement of the parties with respect to its subject matter. They may only be modified, amended or waived in a writing signed by a duly authorized representative of Freebirds. If, for any reason, a court of competent jurisdiction finally determines any provision of these Terms and Conditions or any portion thereof to be unenforceable, such provision will be enforced to the maximum extent permissible so as to give the intended effect thereof, and the remainder of these Terms and Conditions will continue in full force and effect. Freebirds failure to act with respect to a breach by you or others does not waive Freebirds right to act with respect to that breach or subsequent or similar breaches.

Questions

If you have any questions regarding the App, the Rewards Program, and/or these Terms and Conditions, you can contact us at [email protected]

Last Updated

Terms and Conditions last updated on 06/21/2022

Copyright © 2022 Tavistock Freebirds, LLC. All rights reserved

 

The following terms and conditions (the “Agreement”) apply to any Freebirds gift card originally purchased by you or someone on your behalf (the “Card”) at any participating Freebirds location. Cards are issued by Tavistock Freebirds, LLC (referred to hereinafter as either “Freebirds”, “we”, “us” or “our”). By purchasing a Card, accepting and retaining a Card, or using a Card, you agree to these terms and conditions. We further reserve the right to change, amend or terminate the format, elements, and terms and conditions of the Card program at any time with or without notice in our sole discretion; you agree to such changed or amended terms and conditions when posted.

 

1. Use of the Card. The Card may only be used to purchase food and beverages at participating Freebirds locations in the 50 United States and the District of Columbia. The Card should not be used at any other location. If you attempt to use the Card at a non-participating location, your purchase will be declined. The Card is not a credit card and cannot be used as one.
2. 
   Refunds.  Gift Cards cannot be returned for a cash refund or store credit at any time except as required by law.
3. 
   Redemptions. Use of the Card is limited to the amount of funds held on the Card. The full amount of each purchase, including taxes, will be deducted from the funds held on the Card, up to the total funds available on the Card. If you make a purchase and there are insufficient funds held on the Card to cover that purchase, you must pay the difference by credit card, debit card, check, or cash. The Card may not be redeemed for cash except where required by law.
4. 
   Restrictions. Resale of this Card or use for unauthorized advertising, marketing, sweepstakes or other promotional purposes is strictly prohibited. Your right to use the funds on the Card is a limited right, subject to the terms and conditions of the Agreement and applicable law. We are not responsible for pricing, typographical, or other errors in any offer and reserve the right to cancel any orders resulting from such errors.
5. Expiration Date/Service Charges. The value on the Card expires five years from the date of purchase. If the Card is not used for a period of one year, a service charge of $2.00 per month will be deducted from the remaining balance until deleted.
6. 
   Balance. The balance on the Card can be obtained at any participating Freebirds location upon request. Card must be presented to obtain balance.
7. 
   Promotional Cards. These terms and conditions do not apply to gift cards or other stored value cards that are given away free with a purchase, or distributed as a reward, incentive, or as part of a marketing, promotional or customer loyalty program. (“Promotional Cards”). Promotional Cards may have expiration dates to the extent permitted by applicable law.
8. 
   Governing Law/Arbitration. The laws of the State of Texas govern the Card and the terms and conditions of this Agreement, without regard to choice of law principles.

ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) arising from or relating to this Agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this Agreement or the purchase or use of the Cards SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION UNDER ITS COMMERCIAL ARBITRATION RULES THEN IN EFFECT. The arbitration shall take place before one (1) neutral arbitrator in the city of the principal place of business of Tavistock Freebirds, LLC.

The arbitration will be limited solely to the dispute or controversy between you and Freebirds. NEITHER YOU NOR FREEBIRDS SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS, OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The individual (non-class) nature of this dispute provision goes to the essence of the parties’ arbitration agreement, and if found unenforceable, the entire arbitration provision shall not be enforced. This transaction involves interstate commerce, and this provision shall be governed by the Federal Arbitration Act 9 U.S.C. §§ 1-16. Freebirds will pay for the arbitrator’s fees if the total amount of such fees exceeds the filing fee for filing a claim in a small claims court.

Any award of the arbitrator shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.

9. Property Rights. The consideration paid for the Card, including any unredeemed balances, is the property of Freebirds.
10. 
    Privacy Rights. We do not currently collect or maintain any personally identifiable information regarding the purchasers of the Cards. However, we reserve the right to obtain personal information about you in accordance with the privacy policy found at www.freebirds.com/privacy-policy/ if such information is necessary to service the Card or respond to your inquiries or for other purposes.
11. Risk of Loss: Freebirds is not responsible for any loss or damage resulting from any lost or stolen Gift Cards or use without permission. Risk of loss and title pass to the purchaser upon purchase.
12. 
    Severability. If any one or more of the covenants, agreements, provisions or terms of this Agreement shall be for any reason whatsoever held invalid, then such covenants, agreements, provisions or terms shall be deemed severable from the remaining covenants, agreements, provisions or terms of this Agreement and shall in no way affect the validity or enforceability of the other provisions of this Agreement.
13. 
    Entire Agreement. Except as specifically stated otherwise herein, this Agreement sets forth the entire understanding of the parties relating to the subject matter hereof, and all prior understandings, written or oral, are superseded by this Agreement.