User Agreement & Privacy Policy

IMPORTANT NOTICE: THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW.

Texas Burger (“Company,” “we,” “us,” or “our”) is very sensitive to the privacy concerns of our guests. We believe that privacy of personal information is a serious matter and we strive to manage and protect any personal information we collect from you or you may share with us in a careful, sensible and lawful manner. This Privacy Policy is our way of informing you of the information we may collect, store, use or share about you during your interaction with the Company through the Online Services and in our restaurants.

When we say “personal information” we mean information about you that may include, for example, first and last name, email address, day of birth, gender, and financial account information such as credit card numbers provided by you. This policy will outline the types of personal information we may collect, as well as additional topics including but not limited to the following:

• How and why we collect your personal information.
• How your information is used and shared.
• How we protect your information.
• How you can control the use of your information.

This Policy does not cover information rendered anonymous or where pseudonyms are used. Information is rendered anonymous if individuals are no longer identifiable or are only identifiable with a disproportionately large expense in time, cost, or labor. The use of pseudonyms involves the replacement of names or other identifiers with substitutes, so that identification of individual persons is either impossible or at least rendered considerably more difficult.

By installing, accessing or using any of our Online Services, you accept our practices as set forth in this notice. We encourage you to carefully read our policy to understand how we manage this information. Laws and practices governing the handling of this information are constantly changing; as a result we may and do update this policy from time to time. We will not necessarily directly notify you of all changes so you are urged to periodically read and review our policy to take note of any changes.

The information we collect helps us provide you with the opportunity for a great guest experience at one of our restaurants and/or when using our Online Services. Through your interaction with Texas Burger, we collect personal information you provide directly to us that can be used to uniquely identify or contact you. This information may be collected when you engage in certain activities such as creating registrations, on-line email club submissions, surveys, to-go orders (to include all outstide catering) guest relations communications, on-line location services or other voluntary activities. The types of information collected may include personal details such as the following:

• name, email address, postal address, gender, phone number, date of birth, age, and location and dining preferences;
• background information, such as education, prior employment, and references; and
• transaction information, including username and password, profile information, information about the products you purchase, and payment details such as credit card information;

Generally, we do not automatically collect personal information from visitors to our restaurants or Online Services who do not elect to provide the information. However, certain non-personal information, including IP addresses, may be recorded by the standard operation of the Company’s internet servers. We may also automatically collect information, on an anonymous basis, about your use of our Online Services, including the type of operating system in use (e.g., Apple OS X, Microsoft Windows), the type of browser you use (e.g., Internet Explorer, Firefox, Safari and Chrome), access times, pages viewed, device characteristics, language preferences, referring URLs and the page you visited before navigating to our services. We may also collect information about you that is publicly available or provided to us from other companies.

Additionally, use of certain Company mobile sites or applications (e.g. iOS or Android devices) may result in the collection of additional information about you, such as your proximity to a restaurant location. To provide location-based services related to our business, Texas Burger may collect, use, and share your precise location data. This location data is collected anonymously in a form that does not personally identify you and is used by the Company to provide and improve location-based products and services.

We currently do not respond to “Do Not Track” (DNT) signals and operate as described in this Privacy Policy whether or not a DNT signal is received.

Our primary goal in collecting your personal information is to provide an enhanced on-line and in-restaurant experience for our guests by understanding each guest’s preferences, communicating promotions and upcoming events, and providing the best possible guest experience at our restaurants. In particular, we may use the information we collect for the following purposes:

• Fulfillment of Products & Services.
  We use the contact and payment details you provide in order to verify your identity, fulfill your orders, process payments, communicate with you about your account and/or orders, and provide customer support. We may share your personal information with certain third parties in order to verify card payments, process refunds, distribute prizes, fulfill contractual requirements, and deliver our products. We use your personal information in this capacity pursuant to your consent and/or any agreement we may have with you.
• Marketing.
  We may use your personal information to provide services such as postal marketing, social media re-marketing or insight, newsletters, email or text promotions, or personalized advertising in order to inform you about our services, special promotions or events, conduct research, or better tailor your experience in our restaurants or with our Online Services. When required by law, we will secure your consent before providing you with any such correspondence or services. When you register for certain Online Services, we may share your personal information with third parties who provide services on our behalf, including postal providers, social media providers (e.g. Facebook or Google), or marketing or advertising providers who assist us in delivering our marketing and advertising campaigns to you. These third parties are not allowed to use your personal information, except for the purpose of providing these services. These third parties do not retain, share, store, or use personal information for any purposes, except to provide services to Texas Burger or its partners. Where your personal information is anonymized, we do not require a legal basis to use it as the information is no longer regulated under data protection laws. In the event your personal information is not anonymized, we may process such information pursuant to your consent (when applicable) or legitimate business interests which include using your personal information for marketing purposes.
• Insight & Analytics.
  We may analyze the contact details you provide along with other personal information that we observe about you from your interactions with our Online Services or through our email communications in order to help us improve our services and market new products. We may use cookies, log files, and other technologies to collect personal information from the computer, mobile device or software you use to access the Online Services pursuant to your consent (when required by law). This includes your IP address, a session ID to track usage statistics on our Online Services, and certain personal information regarding your interests, buying habits, and experience with our services and products. Additionally, we may track click-through data when you click on a particular hyperlink that may be included in our communications. We may share your personal information with certain third party providers who assist us with these insights. Where your personal information is not anonymized, we may process such information pursuant to legitimate business interests which include using your personal information to better provide our products and services to you.
• Tags.
  Our Online Services may contain cookies, web beacons or pixel tags (collectively “Tags”) which allow us to retain small amounts of information about you and/or track how you utilize our Online Services. A cookie is a piece of data stored on your browser containing information about you. There are two types of cookies that may be used in our Online Services. One type of cookie is often referred to as a session cookie, which is used to enhance your experience and enable certain features on our Online Services. Once you close your browser, a session cookie simply terminates. For instance, by using a session cookie on our Online Services, you would not have to enter a password more than once, thereby saving time while on our Online Services. You may choose to not allow cookies. If you reject the session cookie, you may still use our Online Services. The only drawback to this is that you will be limited in some areas of our Online Services. The other type of cookie used on our Online Services enables us and our partners and advertisers to track and target your interests and to provide ads about goods and services of interest to you. These cookies will not terminate when you close your browser, but may stay on your browser for a predefined period of time and will expire when you clear your cookies within the browser. We may also share aggregated, anonymous demographic information with our partners and advertisers through the use of cookies or other technologies. This information is not linked to any personal information that can be used to uniquely identify or contact you. By using the Online Services, you consent that we may use cookies and collect your usage data under a unique identifier for the purposes of tracking, analysis and improvement of our Online Services. At any time, you may withdraw your consent by disabling these cookies. However, by doing so, your user experience with our Online Services may be altered.
• Contests/Surveys.
  On occasion, our Online Services may request information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and you will have a choice whether or not to disclose any personal information. Information requested may include personal details such as contact information (e.g. name and email address) and demographic information (e.g. zip code, age level). Survey information will be used for purposes of monitoring or improving the use and satisfaction of our Online Services or the operation of our restaurants. We use your personal information in this capacity pursuant to your voluntary consent and/or any agreement we may have with you. These surveys may also be conducted by third-party providers with whom we share your personal information or to whom you directly submit your personal information in connection with the surveys. Please note that Texas Burger’s Privacy Policy does not apply to any personal information you provide directly to these third-party providers. Your use of their mobile applications or websites shall be subject to the third-party provider’s privacy policy.
• Compliance.
  We may also use your personal information when necessary to comply with applicable law, court orders, requirements of regulators, or to investigate inquiries or disputes.

We may also share or transfer your information to a third party in connection with a business reorganization, sale of assets, or in connection with a merger. In the event of such transfer, the third party will treat such data in accordance with the terms of this Privacy Policy.

Subject to applicable law, we will retain your personal information only for as long as it serves the purpose for which we originally collected such information or as you may have subsequently authorized.

Texas Burger is committed to taking reasonable and appropriate precautions to protect your personal information from loss, misuse or alteration. When you submit sensitive information via our Online Services, it is protected both online and off-line. When our registration form asks guests to enter sensitive personal information, we use commercially reasonable and appropriate standards to encrypt the information using industry standard encryption algorithms. All of our guests’ information, not just the sensitive information mentioned above, is restricted in our datacenters. Only employees or partners who need the information to perform a specific job are granted access to personally identifiable information.

You may request that Texas Burger, confirm whether we are processing your personal information and, if so, provide you with a copy of that personal information along with certain other details (where applicable). If you require additional copies, we may need to charge a reasonable fee. While it is our intention to comply with requests to access, correct or delete your personal data in accordance with applicable law, we may choose not to fulfill a request that you make hereunder (i) if we determine it is illegal or incorrect, (ii) where we need to maintain personal information because of a contractual or legal obligation, (iii) where the burden of providing access outweighs the risks of your privacy, or (iv) where your request may violate the rights of persons other than you.

If you believe the personal information about you that we possess is inaccurate or incomplete, you may request that it be rectified (where applicable). It is suggested that you contact our corporate offices at 1-817-377-6200 to request assistance. Depending on the complexity of your request, we may extend our response time or ask you for additional identification. If your personal information has been shared with others, we will notify them about your request for rectification when possible.

You may request that we delete or remove your personal information in certain circumstances such as when we no longer need it or if you withdraw your consent (where applicable). If we have shared your personal information with other parties, we will notify them about your request for erasure when possible.

Where applicable, you may request that we limit the processing of your personal information in certain circumstances such as when you reject the accuracy of that personal information or you object to certain processing. While we may continue to store your personal information or communicate with you about your transactions, we will notify you if we remove these restrictions at any point. With regard to marketing communications you may receive from us, we provide in each email the option to unsubscribe from future emails. You may also be able to manage your communication preferences within the settings of your own device. Please note that you must specifically opt out of any communications you are receiving from our franchise partners.

Where applicable, you may have the right to request that we provide you with a copy of the personal information you provided to us or, if feasible and within reason, transfer such information to a third party of your choice in a structured, commonly used and machine-readable format. Depending on the complexity of your request, we may extend our response time when necessary.

Where applicable, you will have the right to revoke your consent and/or request that we stop processing certain types of personal information we have collected about you.

Our Online Services may contain links to third-party websites. Please note that this Privacy Policy does not apply to your interaction on any other websites and we do not control the practices of those third parties.

The content of our Online Services is not directed to children under the age of 13, and you understand that you must be at least 13 years old to use the Online Services. If you are at least 13 years old but not yet 18 years old, then your parent or guardian must read and agree to this Privacy Policy in order for you to use the Online Services. Texas Burger does not knowingly collect personal information from any child under the age of 13 through our Online Services. If we gain actual knowledge that information has been collected from children under the age of 13, we reserve the right to immediately delete the user profile and any related information from our servers. Please contact us via the contact information below if you believe we may have collected information from your child without permission from you and request that such information be deleted. Depending on the jurisdiction in which you are located, you are only allowed to use the Online Services if you are older than the relevant age at which you can provide consent under the laws of your country, or pursuant to consent by your parent or legal guardian.

You and we agree that the Terms affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions. Initial Dispute Resolution: Most disputes can be resolved without resort to litigation. You and we agree to use best efforts to settle any dispute, claim, question, or disagreement directly through consultation with the other party, and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration.

Binding Arbitration:
Except for claims by Company to enforce our or our affiliates’ intellectual property rights, including without limitation those relating to any registered or unregistered trademarks or copyrights that Company or our affiliates own, and except as otherwise qualified below, any dispute between you and Company, or any of our or your affiliates, arising under, out of, in connection with or in relation to (i) your use of the Wi-Fi; (ii) the Terms (including its formation, performance, and breach); (iii) the parties’ relationship with each other; or (iv) any other claim or cause of action related to the Wi-Fi or the Terms must be submitted to binding arbitration under the authority of the Federal Arbitration Act. Unless the parties agree otherwise, there shall be a single arbitrator appointed to administer and rule on the dispute. The arbitrator must have at least five years of experience as a judge or arbitrator. Discovery will be limited to the exchange of exhibits and the names of witnesses, which will take place at least three weeks prior to the start of the arbitration hearing. No party may consolidate its claims with that of any other, and no class arbitration will be permitted. The arbitration must take place in Fort Worth, Texas, or at such other place as may be mutually agreeable to the parties. The decision of the arbitrator will be final and binding on all parties to the dispute; however, the arbitrator may not under any circumstances (i) assess punitive or exemplary damages; or (ii) make any award which extends, modifies or suspends any lawful term of the Terms. To file an Arbitration, you must first write a demand for arbitration that includes a description of the claim and the amount of damages that you seek to recover and send a written copy to us at 5000 Overton Plaza, Suite 300, Fort Worth, TX 76109, Attention: Legal Department. You must provide such written notice at least seven days prior to filing an arbitration. The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court. If the arbitrator finds the arbitration to be non-frivolous, we will split actual filing and arbitrator fees for the arbitration. You and we agree to submit to the personal jurisdiction of any federal or state court in Fort Worth, Texas, in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. Arbitration shall take place in Fort Worth, Texas and you and we agree to submit to the personal jurisdiction of any federal or state court in Fort Worth, Texas, in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

Class Action Waiver:
The parties further agree that the arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

Exception: Litigation of Intellectual Property and Small Claims Court Claims: Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring an action in state or federal court or in the U.S. Patent and Trademark Office to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.

Changes to this Section:
We will provide sixty (60) days’ notice of any changes to this section. Changes will become effective on the sixtieth (60th) day and will apply prospectively only to claims arising after the sixtieth (60th) day. If a court or arbitrator decides that this subsection on “Changes to this Section” is not enforceable or valid, then this subsection shall be severed from the Section entitled Arbitration and Class Action Waiver, and the court or arbitrator shall apply the first Arbitration and Class Action Waiver section in existence after you began using the Wi-Fi.

Survival: This Arbitration and Class Action Waiver section shall survive any termination of your Wi-Fi registration.

GOVERNING LAW:
The Terms and the relationship between you and us shall be governed in all respects by the laws of the State of Texas, without regard to its conflict of law provisions. You agree that any claim or dispute you may have against us that is not subject to arbitration must be resolved by a state or federal court located in Fort Worth, Texas, except as otherwise agreed by the parties. You agree to submit to the personal jurisdiction of the courts located within Fort Worth, Texas for the purpose of litigating all such claims or disputes that are not subject to arbitration. You hereby waive any and all jurisdictional and venue defenses otherwise available.

We may change this privacy policy from time to time. If we change our privacy policy, we will post those changes here. You should check here regularly for the most up-to-date version of the Privacy Policy. If you do not agree with any updates or changes to the Privacy Policy, you should request that we delete your personal information.

Refund/Return/Cancellation Policy

• All gift card sales are final and non-refundable.
• All postal deliveries are subject to normal postal delays. Overnight shipping at the rate of $18, limited to the maximum weight and/or packaging constraints of a standard overnight letter pack. All shipping and delivery is subject to standard delivery deadlines for respective carriers. Bulk Gift Card purchases may be subject to higher delivery charges based on weight or overall packaging demands.

Contact Us

If you have any questions about this Agreement, please contact us.

TexasBurger.net
Texas Burger
5000 Overton Plaza
Suite 300
Fort Worth, Texas 76109
(817) 377-6200
khopkins@bobbycox.com