Effective date: January 1, 2025

This Privacy Policy (this “Policy”) describes how Company, Inc., and its subsidiaries and affiliates (collectively “Company”, “we”, “us” and/or “our”), collects and manages your personal information (i.e., any information that relates to an identified or identifiable individual) as part of providing our Services (defined below).

1. Scope

This Policy primarily covers a “Guest” or “Guests”, who are defined as individuals that use the Services (defined below) provided by the Elbow Room Bar & Grill restaurant located in Fresno, California (the “Restaurant”), through a business partner or directly through Company.

In addition to Guests, this Policy also covers individuals who visit our website, including https://elbowroomfresno.com/ (collectively, our “Websites”) and the applications and websites of our third-party business partners. We may also process information from other individuals for additional purposes, including for research purposes, sweepstakes and events-related purposes that might be separately collected from time to time but are covered as part of this Policy.

By using the Services and/or providing us with your personal information, you acknowledge that your personal information will be processed and used in the manner set out in this Policy. We may amend this Policy from time to time in line with the “Changes to this Policy” section below.

2. Definitions

Here are a few other terms we use throughout this Policy that you should be aware of:

“Services” refers to services and/or products (including both hardware and software) used, hosted, sponsored or provided by us from time-to-time, including, without limitation: our core point-of-sale (POS) system; payment processing services; our application programming interfaces (“APIs”); associated modules provided as part of our POS system, such as our loyalty, marketing, waitlist and reservations, delivery; any digital ordering services used by us, such as online ordering, pickup and delivery services, contactless order and pay at the table functionality, gift cards and our mobile application(s); accounts created through any digital ordering services provided by us or any third party used by us (“Digital Ordering Account(s)”); and other mobile application(s) developed as part of or in delivery of any services or products provided by the Restaurant. Please note that certain Services may be facilitated through our Websites or through our third-party business partners.

You” and/or “your” is any Guest, or any visitor to one of our Websites or other covered data subject.

3. Personal information we collect

What personal information we collect will depend on the nature of your interaction with the Services and our Websites. This includes Guests that may independently use our Services. While some information is collected automatically or through sources outside of Company, most information is collected when you use our Services or our Websites. A breakdown of the collection has been provided in the sections below.

Personal information collected through the Services

We collect information from you through your use of the Services (as provided and developed by us or third party developers from time to time), which may include the creation of a Digital Ordering Account, your use of our online ordering features and mobile application(s) and other related products, such as our pickup, delivery and on premise ordering and payment services, and waitlist and reservation features. We may also collect and/or receive your personal information when you place an order with, make a purchase from (including gift cards), or otherwise complete a transaction with us or participate in our loyalty program(s).

Depending on which Service(s) you have used or will use, personal information collected may include:

  • your name;
  • contact details such as your phone number and email;
  • your address and other general location details;
  • your payment card information, such as the brand, card number, security code and expiration date;
  • transaction information and order history details (e.g., goods/services ordered, date, payment method and amount of payment);
  • your date of birth (if you choose to provide it);
  • information about your vehicle (for users of our curbside pickup service);
  • account and profile information such as your username and password;
  • if you are a member of any loyalty program(s), information in relation to your points balance and redemptions;
  • waitlist or reservation details, including dining preferences, special requests and dietary restrictions;
  • your feedback in relation to your experience at our establishment(s) (if you choose to provide it); and
  • information you choose to share when using the Services such as when you are communicating through mobile applications or in support tickets.

In all cases, the actual personal information collected will vary depending on the Services being used. Depending on the Services being used, personal information may also be linked to your use of the Services across Company. For example, as a Guest, your payment card or contact information may be linked to an order history, your company or third party account, a specific loyalty account or our profile around your interactions with us or our affiliates or subsidiaries.

Company may also elect to collect dietary and allergy-related information as part of the Services. To the extent a Guest elects to provide information pertaining to their dietary requirements as part of a reservation or their dining experience that may be found to constitute health or medical-related information under the applicable law, that individual is consenting to having that information used as part of that experience and the Services.

Personal information collected through our Websites

In addition to using the Services, we may also collect personal information when you visit our Websites to view or order products from us. This personal information may include: your name; email; and phone number.

Certain information may also be collected automatically when you visit our Websites. For more information, please see the section of this Policy entitled “Information collected automatically.”

Personal information collected from other sources

Personal information about you may be collected by third parties, including our business partners, data providers, online ordering platforms, identity verification services, credit bureaus (if applicable), banks and other financial institutions and credit card companies. We may also collect information from you that is publicly available. For example, if you interact with us or share your information through various social media channels.

Information collected automatically

We collect information automatically when you visit our Websites, use any mobile application(s) utilized or provided by us, complete a transaction, or use our online services, such as online ordering. For transactions, this may include personal information such as your name when a payment card is used. Information collected automatically by cookies, web beacons or other similar technologies (described in the “Cookies and other tracking technologies” section of this Policy) may include:

  • information about your device, such as your device type/model, number and device ID (e.g., MAC address);
  • information about your browser, settings (e.g., language) and operating system;
  • your internet protocol (IP) address (including, in some instances, your perceived location);
  • unique advertising and related identifiers;
  • transactional and purchase information; and
  • browsing and usage activity, such as the referring domain, what websites/content you have viewed or actions you have taken on a particular website.

Depending on the Services being used or the Websites you access, we may also collect geolocation information through your devices. This information may be collected via GPS, Bluetooth, cellular or WiFi technologies. You can adjust your settings at the device or browser level to disable the use of these technologies.

4. How we use personal information

We use your personal information first and foremost to provide you with our Services and to manage our business operations. This includes communicating with you as part of those Services as well as for advertising and marketing purposes where permitted under the applicable law or where we have your consent. In all cases, information is used to support our adherence to any legal, compliance or security-related obligations. The actual nature of how we use personal information will depend on the nature of the Services provided to you. A more detailed breakdown of how we use personal information can be found below.

We use personal information to:

  • Provide, maintain and support our Services, including to:
    • provide updates, support and training related to the Services;
    • determine the eligibility of individuals in relation to their use of certain Services;
    • process transactions and payments through the Services, maintaining an order history of your interactions with Company;
    • enable our us to access information that you have provided as part of using the Services; and
    • improve, develop, and provide Services, develop, train and deploy algorithms and artificial intelligence (AI) models, used to develop, provide, and personalize our Services, and generate insights to enhance our Services for you;
  • Provide online services, including verifying your identity, as well as diagnosing technical and service issues, to:
    • personalize your experience;
    • use your transactional data and order history to provide recommendations;
    • use information about your dining experience (including waitlist and reservation information) to personalize your experience with us; and
    • use analytics and profiling technology to personalize your experience;
  • Advertise and market to you, and to send you information and receive feedback, including by:
    • sending you marketing communications, either directly or through a third-party service provider, in relation to our existing or new Services that we think might interest you;
    • displaying advertisements for Company; and
    • either directly or through a third party, to advertise our products and services to you;
    • generally promote our Services;
    • providing notifications in relation to your purchases or the Services;
    • communicating with you or provide information you have requested;
    • sending you digital receipts; and
    • responding to feedback that you have provided in relation to our products or Services.

Any communications sent to you pursuant to this section shall either be permitted under the applicable law or with your consent. Please see the “Your rights and choices” section of this Policy for more details on opting out of these communications and updating your preferences.

5. How we share personal information

In certain instances, Company will share the personal information it collects from you or otherwise processes from you in order to provide our Services or fulfill the other purposes within this Policy. This includes sharing personal information with our third-party partners that are authorized to access your information. We also maintain a number of relationships with third-party service providers as well as business partners that we use to provide, support and improve our Services.

Company may share personal information as part of providing the Services and for the purposes described within this Policy. This includes:

  • with our employees for the purposes of providing Restaurant products and services to you, and fulfilling your requests and for the other purposes described in this Policy;
  • with our third-party business partners in order to provide, maintain, improve and expand the Services;
  • with third-party integration partners selected by us or with whom you do business where Company is instructed to share your information as part of the Services;
  • with our parent, subsidiary, or affiliate companies, agents (if any) for the purposes outlined above;
  • with third parties to provide, maintain and improve our Services, including service providers who access information about you to perform services on our behalf or on behalf of us, such as hosting and information technology services, payment services, identity verification and fraud prevention services, marketing and advertising services, data analytics and personalization services and customer support services;
  • in connection with, or during the negotiation of, any merger, sale of company stock or assets, financing, acquisition, divestiture or dissolution of all or a portion of our business; or
  • if we believe it is authorized or necessary to:
    • protect our rights or property, or the security or integrity of our Services or our Websites;
    • enforce the terms of our terms of service or other applicable agreements or policies;
    • protect us, the Restaurant, users of our Services or the public from harm or potentially prohibited or illegal activities;
    • investigate, detect and prevent fraud and security breaches; or
    • comply with any applicable law, regulation, legal process or governmental request (including, for example, a court order, subpoena, or search warrant).

We may also share aggregated and/or anonymized information derived from your use of the Services that does not directly identify you, including device information and information derived from cookies and log files with third parties for the purposes described in this Policy.

6. Retention of personal information

We retain personal information as long as reasonably necessary to provide the Services, carry out the purposes described in this Policy or as otherwise required in order to comply with our records retention periods (which reflect the applicable law). For example, we may retain information about users of our Services in order to comply with our legal and regulatory obligations or to protect our interests as part of providing the Services.

7. Cookies and other tracking technologies

Company and third parties described in this Policy may use cookies, web beacons and other tracking technologies for the purposes described in this Policy. We may use these technologies within our Services and across our Websites, for example to:

  • to provide our Services (e.g., authentication within the check-out process);
  • to provide Restaurant services and products;
  • to uniquely identify you and/or your device;
  • to store your preferences as part of providing the Services;
  • for personalization, ad measurement and analytics, and targeted advertising purposes (including across your devices and applications);
  • for security and fraud-prevention purposes;
  • to analyze and monitor the performance of our Services;
  • to improve and develop new Services; and
  • to understand your use of the Services over time.

Information on how to manage cookies and related technologies within your browser and more generally can be found below along with a more detailed description of how we use these technologies.

A “cookie” is a small text file placed and saved in your browser when you access our Websites and potentially the websites of our Merchants, business partners and other third parties. We use both session cookies (i.e., cookies that are stored only for a specific website visit) and persistent cookies (i.e., cookies that are stored beyond a specific website visit) to provide the Services and for the purposes described in this Policy. These cookies may be set by us (first-party cookies) or set by third parties that collect information on our behalf (third-party cookies), such as Google Analytics.

There are other tracking technologies, such as web beacons/GIFs, pixels, page tags, embedded scripts, that consist of small transparent image files or other web programming code that record how you interact with websites, mobile applications and services. They are often used in conjunction with web browser cookies or other identifiers associated with your device.

We also use pixels and related technologies as part of session replay services on certain Websites that are used to understand and improve functionality and an individual’s experience on those sites.
In certain instances, Company may provide our Merchants with digital advertising and related services that involve the collection and use of cookies, pixels and related technologies via integrations. In these cases, Merchants set up independent accounts with these third parties.

There are ways to control and/or reject the setting of cookies and similar technologies within your browser settings. As each browser is different, please consult the “help” menu within your browser. For additional information about cookies and how to control their use on various browsers and devices, you can visit http://www.allaboutcookies.org. Please be aware that depending on the Services being used, restricting cookies may prevent you from accessing and using all or part of the Services.

Targeted advertising and your choices

In certain cases, we allow third-party advertising partners to use cookies, web beacons and other tracking technologies on our Websites, mobile applications and within our Services to collect information about you and your activities for interest-based advertising or other targeted content. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. This information may be shared with ad networks and other content providers.

If you want to opt out of receiving online interest-based advertisements on your internet browser, please visit and follow the instructions at http://www.aboutads.info/choices, or http://www.networkadvertising.org/choices/ to place an opt-out cookie on your device indicating that you do not want to receive interest-based advertisements. Opt-out cookies only work on the specific internet browser and device that they are downloaded onto. If you want to opt out of interest-based advertisements across all your browsers and devices, you will need to opt out on each browser on each device you actively use. If you delete cookies on your device generally, you will need to set the opt-out cookie again on that device. If you want to opt out of receiving online interest-based advertisements on mobile applications, please follow the instructions at http://www.aboutads.info/appchoices or by visiting the settings in your mobile device.

Please note that when you opt out of receiving interest-based advertisements, this does not mean you will no longer see advertisements from us or on our online services. It means that the online ads that you do see should not be tailored to your interests. We are not responsible for the effectiveness of, or compliance with, any third-parties’ opt-out options or programs or the accuracy of their statements regarding their programs. In addition, third parties may still use cookies to collect information about your use of our online services, including for analytics and fraud prevention purposes.

Do not track

We may use, and we may allow third-party service providers and other third parties to use, cookies or other technologies on our Services that collect information about your browsing activities over time and across different websites following your use of the Services. Do Not Track (“DNT”) is an optional browser setting that allows you to express your preferences regarding tracking across websites. Outside of certain opt-out preference settings within the browser used to access our Websites such as the Global Privacy Control noted in the state-specific addendums, we currently do not respond to DNT signals and we may continue to collect information in the manner described in this Policy from web browsers that have enabled DNT signals or similar mechanisms.

8. Your rights and choices

As part of the Services and other processing described in this Policy, we recognize that you may want to update, correct or otherwise manage your personal information that we process as well as manage how Company communicates with you. This includes communications relevant to the Services or the Restaurant, or fulfilling a particular interaction with you as well as marketing communications where we have your consent or as otherwise permitted under the applicable law. We may provide you with the capability to manage your personal information directly as part of the Services or by contacting Company.

Managing your information

We want to ensure that you have the necessary tools at your disposal to manage your personal information. We rely on you to ensure that your information is accurate, complete and up to date and ask that you notify us of any changes to your personal information. Your ability to update and manage your personal information will differ depending on your relationship with Company and what Services you use. For example, depending on the Services you use, you may be able to access, change and update your information through an account created as part of the Services (e.g., a Digital Ordering Account). If you have questions about your Digital Ordering Account or need customer support, please contact daniel@elbowroomfresno.com.

Please note that depending on your status, location and applicable law, you may be entitled to additional information rights in relation to the processing of your personal information. For more information regarding these rights, and the locations/circumstances where these rights are available, please see the applicable addendums in this Policy.

Managing communications

As part of providing the Services, Company (whether directly or through a third-party service provider), may send you:

Marketing communications: Depending on the nature of our relationship and the Services being used, Company may send you marketing and other promotional communications we think you might be interested in. These marketing communications may include marketing text messages if you have opted in to receiving them. You can opt out of or unsubscribe from any marketing communications by following the instructions in those messages, by changing your communications preferences within your account or through your device. You can also opt out by contacting us at daniel@elbowroomfresno.com. Opting out of one communication will not necessarily opt you out of all marketing communications. Please note that you may still receive certain non-marketing communications after opting out. These messages may include transaction-specific communications, messages as part of a loyalty program or account-specific communications. If you are located outside the United States, we will not send you direct marketing communications without your opt-in consent or as otherwise permitted under the applicable law.

Other communications: As part of your interaction with our Services, you may receive various non-marketing communications from Company that may be sent via email or text message. These include: sending you digital receipts or other messages in relation to Services you engage with; notifications regarding status, delivery or pick up notifications and information pertaining to our reservation and waitlist services; responding to feedback that you have provided in relation to Company; account or program-specific messages as part of your use of the Services (e.g., loyalty accounts); or messages associated with contests, competitions or promotions that you have elected to participate in.

For additional information about how we communicate with you, please contact us at daniel@elbowroomfresno.com.

9. Security

In partnership with third party providers, we implement appropriate administrative, physical and technical security measures to reasonably protect your personal information against unauthorized access, disclosure, damage or loss. However, even though we have taken measures to protect your personal information, we cannot guarantee that the collection, transmission and storage of personal information will always be completely secure.

10. Links to other websites

This Policy only applies to information collected when visiting our Websites or otherwise using our Services. While visiting our Websites or using the Services, you may be directed through links to third-party websites or services that are not operated or controlled by us. For example, the websites of our Merchants or business partners that provide services as part of this Policy. We are not responsible for the privacy practices and policies of these third parties. As a result, we encourage you to review the privacy policies of these third-party websites as their practices may differ from ours.

11. Children

Our Services are not targeted or directed at children under the age of 21, and we do not intend to, or knowingly, collect or solicit personal information from children under the age of 21. If you have reason to believe that a child under the age of 21 has provided personal information to us, we encourage the child’s parent or guardian to contact us as described in the “How to Contact Us” section of this Policy to request that we remove the information from our systems. If we learn that any personal information we collected has been provided by a child under the age of 21, we will promptly delete that personal information. Our Site is directed to adults 21 years of age and older. We do not knowingly collect Personal Information from people under the age of 21, including children under the age of 16. A child’s parent or guardian should contact us if we have inadvertently collected information about that child without the parent or guardian’s authorization, so that we may delete such information from our files. No one under age 21 may provide any personal information using the Services. If you are under 21, do not use or provide any information through the Services. If we learn we have collected or received personal information from a child under 16 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 16, please contact us via email at daniel@elbowroomfresno.com. By using the Services or accessing the Websites, you agree to provide us with accurate information concerning your age or identity if we request it. You also agree not to assist anyone under the age of 21 in accessing the Services or the Websites, or to attempt to contact anyone under 21 through the Services or the Websites.

12. How to contact us

If you have questions or concerns about our Privacy Statement, our practices or our compliance with applicable privacy laws, you can reach us at:

By email: daniel@elbowroomfresno.com
By regular mail: Attn: Daniel McGee
Elbow Room
731 W San Jose Ave
Fresno, CA 93704
By phone: 559-221-1747

Additional contact points can be found in the addendums. If you need customer support that is unrelated to this Policy, please contact daniel@elbowroomfresno.com.

13. Changes to this Policy

From time to time, we may update, change, modify or amend this Policy in order to comply with the applicable law or our changing business practices. Unless we are required by the applicable law to provide a prescribed form of notice and/or obtain consent, updated versions of this Policy may be posted on this website with additional communication. Please check this website and this Policy regularly for updates.


California-Specific Statement

Last updated: January 1, 2025

1. Privacy Statement for California Residents as required by the California Consumer Privacy Act of 2018 (including as amended by the California Privacy Rights Act of 2020) (“CCPA”).

The provisions below supplement the information provided in the generally applicable portion of the Policy and apply solely to individuals that are residents of California and qualify as a “Consumer” under the CCPA. This California-Specific Statement provides additional information about how we collect, use, disclose and otherwise process the personal information of these individuals, either online or offline, within the scope of the CCPA. Any terms defined in the CCPA or as otherwise defined in the Policy have the same meaning as used in this California-Specific Statement.

When we use the term “personal information” in this California-Specific Statement, we mean information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household.

CCPA personal information table

The below table summarizes:

  • The categories of personal information collected by Company in the past 12 months;
  • The sources of collection of the personal information;
  • How we use your personal information; and
  • The categories of personal information disclosed for business purposes by Company (including to third parties) in the past 12 months.

Please see the generally applicable section of this Policy for additional information on Company’s information practices, including more detail on how we use and disclose your personal information.

Category of personal info Collected? Examples of personal info collected* Categories of sources Commercial or business purpose How we disclose your personal info
Identifiers Yes

Name, unique personal identifiers, IP address, email address

 

Provided directly to Company

Automatically collected

Provided to Company by our business partners

Provided to Company by our service providers

To provide, maintain and support our Services

To manage our business and for internal operational purposes

To advertise and market to you

To personalize your experience

To communicate with you or provide information you have requested

For legal, compliance and security-related purposes

To our Employees

With our business partners

With our service providers

With legal and other regulatory authorities

California Customer Records (Cal. Civ. Code § 1798.80(e)) Yes Name, telephone number, address, credit or debit card number

Provided directly to Company

Provided to Company by our business partners

Provided to Company by our service providers

To provide, maintain and support our Services

To manage our business and for internal operational purposes

To advertise and market to you

To communicate with you or provide information you have requested

For legal, compliance and security-related purposes

With our employees

With our business partners

With our service providers

With legal and other regulatory authorities

Protected Classification Characteristics No N/A ·       N/A ·       N/A ·       N/A
Commercial Information Yes Records of products or services purchased

Provided directly to Company

Provided to Company by our business partners

Provided to Company by our service providers

To provide, maintain and support our Services

To manage our business and for internal operational purposes

To personalize your experience

For legal, compliance and security-related purposes

With our employees

With our business partners

With our service providers

With legal and other regulatory authorities

Biometric Information No N/A N/A N/A N/A
Internet/Network Information Yes Website browsing activity and interactions, advertisement interactions

Provided directly to Company

Automatically collected

Provided to Company by our service providers

To provide, maintain and support our Services

To manage our business and for internal operational purposes

To personalize your experience

To advertise and market to you

With our employees

With our service providers

Geolocation Data Yes Course or precise geolocation information

Provided directly to Company

Automatically collected

Provided to Company by our service providers

To provide, maintain and support our Services

To personalize your experience

To advertise and market to you

For legal, compliance and security-related purposes

With our employees

With our business partners

With our service providers

Sensory Information No N/A N/A N/A N/A

Profession/Employment Information

No N/A N/A N/A N/A
Non-Public Education Information (20 U.S.C. § 1232g, 34 C.F.R. Part 99) No N/A N/A N/A N/A
Inferences Yes Preferences and behavior as part of using the Services

Provided directly to Company

Provided to Company by our business partners

Provided to Company by our service providers

To provide, maintain and support our Services

To manage our business and for internal operational purposes

To personalize your experience

To advertise and market to you

With our employees

With our business partners

With our service providers

*Note that the actual personal information collected will depend on the nature of the individual relationship and the specific Services provided.