Privacy Policy

This Privacy Policy describes how 190 Octane Retail LLC d/b/a Fat Tuesday and affiliated/associated companies (“Company,” “we,” “us” or “our”) collects, stores, uses, discloses, and transfers your Personal Information (as defined below) through your use of our website, social media, mobile application (“App”) and other online portals (collectively, the “Services”). By accessing and using our Services, you acknowledge you have read and understood our privacy practices as described in this Privacy Policy.

The term “Personal Information” as used herein includes any information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular individual or household, and includes any information that is subject to applicable data protection laws. This Privacy Policy applies only to Personal Information collected via the Services, including online and offline interactions.

Information We Collect

Depending on how you interact with the Services, we may collect the following information:

• Personal and contact information, such as your name and e-mail address, and any other information you submit through the form available on the Contact Us page of our Services.
• Communications between you and Company. When you communicate with us, such as through e-mail or text message, we may collect and save a record of your communication and any Personal Information provided during the communication.
• Information about your computer and internet connection, including your IP address, operating system, and browser type.

We may collect certain information about you automatically when you visit or use the Services, or when you interact with emails, advertisements, or other electronic messages sent to you through the Services. This information may include your IP address, device characteristics (including device identifiers), web browser characteristics, unique identifiers and other data stored in cookies, operating system details, language preference, traffic data, location data, logs, referring URLs, length of visits, pages viewed, and other information that may be automatically accessible to us from your browser or device.

We and our vendors may automatically collect this information using various tools and technologies such as cookies, web server logs, tags, beacons, SDKs, pixels, local storage, JavaScript, APIs, session replay/screen capture (i.e., how you use and navigate through our website, but not your keystroke data), search contents, form field data, and other similar technologies.

We may also use certain service providers of web and mobile app analytics services to help us understand and analyze how visitors use our website and App.

The Services may detect your location (including precise location and background location, when opted-in) to provide us with aggregated information to provide you with the location of your closest Fat Tuesday, send you advertisements applicable in your current geographic location, or for other legitimate business purposes. Please check your browser and device settings to control the location data you allow your browser and device to collect and share with third parties.

Depending on your personal device and App permission settings, when using the App, we may collect or have access to your:

Precise geolocation: When you give the App permission to collect your precise geolocation, the App may use your mobile device’s location services to collect real-time information about the location of your device (using both GPS, WiFi, Bluetooth or other methods, including in-store beacons, if applicable). To turn off geolocation, please adjust the permissions on your device. If location services are disabled, other means of establishing or estimating your general location (e.g., connecting to or proximity to Wi-Fi, Bluetooth, beacons, or our networks) may still be active.

Camera: When enabled, this may allow the App to access the camera to scan and input payment method details. Providing access to your Camera function is entirely optional.

Other: The App will send and receive data to and from the Internet, and may view network connections, have full network access, control vibration of your device, or prevent your device from sleeping.

If you opt to receive push notifications, we will send push notifications to your mobile device, which may include marketing and transactional messages. You may opt-out from allowing us to send you push notifications by adjusting the permissions in your mobile device.

To update certain personal information we have about you, or if you wish to change certain preferences (including location tracking and certain communication preferences, such as your receipt of push notifications), (1) log into your account on our Website or within the App and change your account settings, (2) change your device’s settings for our App, or (3) contact us as described at the end of this Privacy Policy. For most mobile devices, you can disable the collection of geolocation information by turning off location services on your device.

If you no longer want us to collect information through the App, please uninstall it.

How We Use Information Collected

We use the Personal Information we collect from you for the following purposes:

• To provide our Services.
• To send you marketing materials.
• To perform actions at your direction and to respond to inquiries.
• To improve user experiences by making our Services easier to use and navigate.
• To develop and test new services and features.
• For other legitimate business purposes.

How We Share and/or Disclose Information

We may share or disclose your Personal Information to the following categories of third parties and for the following reasons:

• With entities that are affiliated with us to help provide, understand and improve our Services and the affiliates’ services.
• To third party service providers, agents or independent contractors who help us maintain our Services and provide other administrative services to us.
• In the course of any reorganization process including, but not limited to, mergers, acquisitions, and sales of all or substantially all of our assets.
• To law enforcement, government agencies, and other related third parties, in order to comply with the law, enforce our policies, or protect our or others’ rights, property or safety.

We may remove identifying data from your Personal Information and share such de-identified data with other parties for any lawful purpose. We may also combine your Personal Information with other information so that it is no longer associated personally with you, and share that aggregated data.

Cookies and other Similar Technologies

We, and third parties we allow, use cookies and other similar technologies. Cookies are small text files placed on your device that uniquely identify your device and which a website can transfer to a consumer’s hard drive to keep records of his or her visit to a website. The primary purpose for the cookies we use is to verify your age to meet the age restrictions in the Terms of Use and to collect general usage information.

There are several ways to manage cookies. You can control the use of cookies at the browser or personal device level, by instructing your device to accept cookies, disable cookies or notify you when receiving a new cookie. Please note that if you reject cookies, you may still use our Services, but your ability to use some features of our Services may be limited.

Data Transfers

Your Personal Information collected through the Services may be stored and processed in the United States and any other country in which Company, its affiliates, or service providers operate. Please note that different countries may have different data protection laws, and as such, we may transfer your Personal Information to a country or jurisdiction that does not have the same data protection laws as your jurisdiction. All data transfers will be done in compliance with the applicable data protection laws. By using the Services, you consent to this transfer of information and the use and disclosure of your Personal Information as described in this Privacy Policy.

Data Retention

Except to the extent prohibited by law, and subject to this Privacy Policy, we will retain and use your Personal Information for as long as it is needed to provide you with the Services, and as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

Unsubscribe Requests

You may also unsubscribe from marketing e-mail communications from us by clicking the “Unsubscribe” link provided in such communications. You understand and agree that you may continue to receive communications from us while we process your opt-out requests, and you may also receive a communication confirming the receipt of your opt-out requests or other transactional emails.

Do Not Track

We do not currently recognize automated browser signals regarding tracking mechanisms, which may include “Do Not Track” (DNT) signals sent by web browsers, mobile devices, or other mechanisms. Third parties may be able to collect information, including Personal Information, about your online activities over time and across different websites or online services when you use the Services. You may opt out of online behavioral ads at http://www.aboutads.info/choic.... You also may limit certain tracking by disabling cookies in your web browser.

Security

We implement reasonable security measures to ensure the security of your Personal Information. Please understand, however, that no data transmissions over the Internet can be guaranteed to be 100% secure. Consequently, we cannot ensure or warrant the security of any information you transmit to us and you understand that any information that you transfer to us is done at your own risk.

Third Party Links and Services

Our Services may include links to third party websites or services. This Privacy Policy does not apply to the information (including Personal Information) collected on any third party website or service over which we have no influence or control. We are not responsible for the privacy practices of these third party websites or services. Accordingly, we recommend that you review the privacy policies on any such third-party website or services.

Children’s Privacy

Our Services are not intended for children. We do not knowingly collect Personal Information from children, and none of our Services are designed to attract children. In the event that we learn that a person under the age of 13 has provided Personal Information to us, we will delete such Personal Information as soon as possible.

Nevada Residents

Although we do not sell Personal Information (as defined in Chapter 603A of the Nevada Revised Statutes), Nevada residents have the right to submit a verified request directing us not to sell your Personal Information. To submit such a request, please contact us using the information in the Contact Us section below.

California "Shine the Light" Rights

Subject to certain limitations under California’s Shine the Light law, California residents may contact us as described at the end of this Privacy Policy to request a list of third parties to whom we disclosed certain personal information for those third parties’ direct marketing purposes during the preceding year. The information we will provide will describe our general practices in the prior calendar year and will not be specific to you.

Your request should indicate that you are a California resident, and you must provide your full current California address, to which we will send our response. Your inquiry must specify “Shine the Light Request” in the subject line of the email or the first line of the letter, and include your California address. We are only required to respond to one such request per individual each year. We may take reasonable steps to verify your identity and the authenticity of the request.

Assignment

In the event that all or part of our assets are sold or acquired by another party, or in the event of a merger, you grant us the right to assign the Personal Information collected via the Services.

Loyalty Program

The Fat Tuesday Loyalty Program (“Loyalty Program”) lets participants earn or otherwise receive rewards and discounts, in return for registering and/or making purchases at participating locations, where permitted by applicable laws and regulations.

You can sign up for the Loyalty Program by registering on our website or through the App. Registration may require you to provide your first name, last name, email address (required in order to receive eligible rewards), password, location and other personal information. We will then associate that and other categories of personal information with your Loyalty Program account, such as other unique identifiers, purchase history, or geolocation data. Note that we also may collect this information outside the context of the Loyalty Program.

You may withdraw from the Loyalty Program at any time and forfeit any ongoing incentives through your online or App account or by contacting us using the contact information below. Please also note that if you submit a request to delete your personal information, this will also automatically withdraw you from the Loyalty Program and will result in the forfeiture of your accumulated incentives. Requesting the deletion of your personal information results in the deletion of your account and accumulated incentives because we require your personal data (e.g., your name, email address, and log-in information) to be able to associate you to your account. You may elect to rejoin the Loyalty Program at any time, at which time we will once again begin collecting your personal information.

The value of Personal Information we collect is reasonably related to our expenses related to offering the Loyalty Program. While we do not and cannot assign a monetary value to the personal information we collect through the Loyalty Program, we do benefit financially from the Loyalty Program. For example, although we may lose immediate revenue when a program member uses a discount, the positive experience may lead to an overall increase in visits to our locations.

Calculating the actual value that Fat Tuesday generates from those efforts (whether in aggregate or by individual) or a monetary value of the personal information involved is impossible. There are many reasons for this, for example:

First, the information is of no monetary value by itself, as Fat Tuesday achieves personal information-related benefits only when the information is used in combination with, and in the context of, other aspects of our business such as marketing efforts, the quality of our offerings, and the proximity of our locations to Loyalty Program members.

Second, we cannot precisely determine the motivating factors of any specific purchase, or the relative weights of each factor.

Third, the level of engagement and consumer habits of our Loyalty Program members appear to vary significantly.

For these reasons, we estimate that the value of the personal information collected for the Loyalty Program would be less than the value the individual receives from their participation in the Loyalty Program.

To update certain personal information we have about you, or if you wish to change certain preferences (including location tracking and certain communication preferences, such as your receipt of push notifications), (1) log into your account on our Website or within the App and change your account settings (including location tracking), (2) change your device’s settings for our App, or (3) contact us as described at the end of this Privacy Policy. For most mobile devices, you can disable the collection of geolocation information by turning off location services on your device.

If you no longer want us to collect information through the App, please uninstall it.

Changes to this Privacy Policy

We reserve the right to change this Privacy Policy from time to time. When we do, we will also revise the “Last Updated” date at the top of this Privacy Policy. If we make material changes to the Privacy Policy, we may choose to notify you more directly, such as by placing a prominent notice on our websites or via email at the email address we have on file for you. We encourage you to periodically review this Privacy Policy to keep up to date on how we are handling your Personal Information.

Contact Us

If you have any questions, comments or concerns about our privacy practices or this Privacy Policy, or to submit a request to exercise your privacy rights, please contact us at: web@fat-tuesday.com