PRIVACY POLICY

Santa Monica R Restaurant Association, Inc., a California corporation dba The Birdcage (collectively herein “Santa Monica R Restaurant Association, Inc.,” “we,” “our,” or “us”), provides its websites accessible at www.thebirdcage.com (“Website”) to you (“you,” “your,” “User”) subject to its Terms of Use and this Privacy Policy.

Santa Monica R Restaurant Association, Inc. recognizes that its users value their privacy and we take your privacy seriously. This privacy policy (“Privacy Policy”) explains our privacy practices, including what types of information we collect from you and how we may use it, our rights to share and disclose such information to third parties and how you can review and modify information that you provide to us and your preferences regarding our use and disclosure of such information. Please review our Terms of Use Agreement (Terms of Use), which governs your use of the Services. Any capitalized terms that are not defined in this Privacy Policy shall have the meaning given in the Terms of Use.

This Privacy Policy only applies to the information collected by and any of their respective affiliates (collectively, “Santa Monica R Restaurant Association, Inc.”, “we”, “our” or “us”) or any third parties acting with our authorization or otherwise provided to us by third parties about you, in each instance, in connection with your use of the Services. This Privacy Policy applies regardless of the device you use to access the Services and whether you are accessing the Services as a registered user or otherwise.

By using or interacting with the Services, you are consenting to the collection and use of your information as described in this Privacy Policy. If you do not agree with the terms of this Privacy Policy, then please do not use the Services.

 

What Information is collected from you?

  1. Registration Information. When you register to use the Services, we may ask you to provide certain information, including your name, username, password, e-mail, date of birth, gender, address and music, artist or band preferences.
  2. Payment Information. If you make any purchase on or through the Services, your payment information (e.g., credit or debit card type, number and expiration date) and related information (e.g., physical address) may be collected by us and/or our third party payment processors.
  3. Information You Optionally Provide to Us. We collect any information you provide on or through the Services or give us in any other way. For example, we collect any information you provide when you update your user account and profile, order a product or service, submit content, provide feedback, participate in discussion forums, participate in contests, surveys and other promotions relating to the Services, interact with customer service and sign up to receive newsletters and other communications regarding the Services and/or third-party products or services. In addition, the Services may include features that rely on the use of information stored on, or made available through, your mobile device. For example, you may have the option to upload photos to your user profile or allow us access to your contacts so that we can help you connect with friends that are users of the Services (e.g., by matching e-mail addresses and/or phone numbers). Please note that local law may require that you get permission from your contacts to provide their contact information to us before allowing us to access this information. We may also ask to collect or use the specific location of your mobile device (e.g., by accessing your device’s GPS). We will not access or collect your photos, contacts or specific location information from your mobile device without your express permission and will only use such information for the specific purposes described herein and/or explained at the time we ask for your permission. You may grant such permission by adjusting your device settings and/or your user account settings to allow the applicable access and/or by responding to Santa Monica R Restaurant Association, Inc.’s request for such permission. (Please note that such location information does not include IP address, which we may continue to use as described in this Privacy Policy, including for purposes of determining what country you’re in.) As a general note, you can choose not to provide certain information, but you may not be able to access certain content or take advantage of certain promotions or features of the Services.
  4. Usage Data and Technical Information. The Services include features that automatically collect certain information, which may include the unique device identifier assigned to your device, Third Party Platform anonymous identifiers, and other information regarding your use of the Services to, among other things, assist us in authenticating your usage and/or device, keeping track of your preferences, creating a more tailored user experience and better serving your particular interests and needs. The Services and/or third parties may use “cookies,” (which are small data files containing information about you that is stored on your hard drive), “embedded scripts”, “pixel tags” and other similar tracking technologies (collectively, “Tracking Technologies”) to collect information automatically as you interact with the Services. Such information may include “clickstream” data, the domain name of the service providing you with Internet access, your device type and attributes, Internet protocol (IP) address, network connection type (e.g., WiFi, 3G, LTE), browser type and version, operating system and platform, the average time spent on the Services, pages viewed, content searched for, access times and other relevant statistics, and your interactions with playlists, audiovisual content, other users of the Services, advertising, and products and services which are offered, linked to or made available on or through the Services. Such information may be collected by us and/or our third-party service providers and partners. Certain Tracking Technologies enable us to customize your experience on the Services and provide tailored recommendations, promotions, advertisements and other content relating to your specific interests. Other Tracking Technologies are used to make login to the Services easier (such as by remembering your user ID) and allow us to collect non- specific location information. For example, we need to know which country you are in, as some of our content licenses may be location-specific.
  5. Third Party Platform Information. If you access the Services via your Third Party Platform account (e.g., by logging in to the Services using your Third Party Platform account credentials) and/or integrate your Santa Monica R Restaurant Association, Inc. account with your Third Party Platform account, we may collect certain information from the Third Party Platform, such as your username and other information you provided to the Third Party Platform in connection with your account (e.g., name, country, date of birth, gender and e-mail address).

You can adjust your settings and preferences with respect to Third Party Platforms. We provide you with the ability to adjust certain privacy, permission and user account settings via the Services. For example, you can control whether your user profile is visible to the public and/or to other users of the Services. You can also control whether or not you want to share certain information (such as your playlists or videos that you have viewed) on Third Party Platforms. You also may be able to adjust certain privacy, permission and user account settings by responding to request alerts or notifications that may be presented to you on your device prior to or following the collection of the relevant information or by navigating to the settings, account or privacy section (as the case may be) of your device or the applicable Third Party Platform and limiting certain Service functionality (e.g., location services, etc.). Please be aware that if you limit the collection of certain information, you may not be able to use all of the features and functionality of the Services.

  1. Information Collected By Advertising Service Providers. The Services may also use third-party advertising networks, data exchanges, traffic measurement service providers, marketing analytics service providers and other third parties (collectively, “Third Party Advertising Service Providers”) that may employ cookies and similar technologies to collect information about your interaction with the Services, your web browsing activity and your device, including your IP address, device type and other identifiers, browser type, web pages visited, non-precise location information, and information about your interaction with advertisements. Further information on the types of information collected by Third Party Advertising Service Providers is described herein, how such information may be used and your choices pertaining to such collection and use.

The Services may use Third Party Advertising Service Providers to collect information about your interaction with the Services. These Third Party Advertising Service Providers may employ Tracking Technologies to gather information regarding your use of the Services, your web browsing activity and your device, such as your IP address, device type and other identifiers, browser type, web pages visited, non-precise location information, and information about your interaction with advertisements. This information is collected in an anonymized, de-identified format and does not personally identify you. Third Party Advertising Service Providers may combine your information relating to your use of the Services with information relating to your other online activities over time and across different websites (including those operated by third parties) and devices. The information collected or received by Third Party Advertising Service Providers may be used to show you targeted advertisements for products and services that you might be interested in, on the Services and on third-party websites and services. This information may also be used to prevent you from seeing the same advertisements too many times and to conduct research regarding the usefulness of certain advertisements to you. If you would like to learn more about interest-based advertising or opt out of receiving interest-based advertisements, please visit the following websites of the Digital Advertising Alliance (DAA) and Network Advertising Initiative (NIA), respectively: www.aboutads.info/consumers/www.networkadvertising.org. Please note that, in order to opt out of receiving interest-based advertising on the Santa Monica R Restaurant Association, Inc. mobile application, you may need to adjust your mobile device’s settings.

We may use Google AdSense Advertising on our website. Google’s advertising requirements can be summed up by Google’s Advertising Principles. They are put in place to provide a positive experience for users: https://support.google.com/adwordspolicy/answer/1316548?hl=en

Google, as a third-party vendor, uses cookies to serve ads on our site. Google’s use of the DART cookie enables it to serve ads to our users based on previous visits to our site and other sites on the Internet. Users may opt-out of the use of the DART cookie by visiting the Google Ad and Content Network privacy policy.

We may implement the following:

  • Remarketing with Google AdSense
  • Google Display Network Impression Reporting
  • Demographics and Interests Reporting

We, along with third-party vendors such as Google use first-party cookies (such as the Google Analytics cookies) and third-party cookies (such as the DoubleClick cookie) or other third-party identifiers together to compile data regarding user interactions with ad impressions and other ad service functions as they relate to our website.

Users can set preferences for how Google advertises to you using the Google Ad Settings page. Alternatively, you can opt out by visiting the Network Advertising Initiative Opt Out page or by using the Google Analytics Opt Out Browser add on.

 

How is the collected information used?

Subject to the controls and preferences you may set with respect to certain types of information and communications (as described herein), your information may be used for various purposes, including providing the Services and any services or products that you request or purchase in connection with the Services, and to contact you regarding the administration of any features or functions of the Services; sending you marketing and promotional e-mails; allowing you to participate in the community and other features of the Services; responding to your questions or other requests; personalizing the Services and/or otherwise customize what you see when you visit and use the Services (for example, by providing personalized or localized content, features, recommendations and advertising on the Services); providing customized, localized and/or targeted advertising on third party websites and services, as further described herein; saving your user account, registration and profile data and other information (so you do not have to re-enter it each time you visit or use the Services); tracking your return visits to, and use of, the Services; conducting research for marketing/promotional purposes and to provide anonymous reporting (i.e., that does not identify you) for internal and external clients, business partners and other third parties; accumulating and/or reporting aggregated, de-identified, statistical information in connection with the Services and user activity; determining which features and services users like best to help us operate the Services, enhance and improve our services and display advertising and marketing information; and other purposes disclosed at the time you provide us with the information or as otherwise stated in this Privacy Policy.

 

With whom do we share the collected information?

Generally, we do not sell, rent, lease or disclose your personal information to third parties, except if you consent to such disclosure or as otherwise described in this Privacy Policy. You can choose whether to receive marketing or promotional emails from our parent or affiliated companies or other third parties and/or to opt out of certain uses of your information either at the time such information is collected or by subsequently changing your preferences, as further described below.

You can unsubscribe or opt out of receiving marketing and promotional communications by following the specific instructions included in such communications. Please note that opt-out and unsubscribe requests may not take effect immediately and may take a reasonable amount of time to receive, process and apply, during which time your information shall remain subject to the prior privacy settings. Additionally, you should be aware that any information provided to third parties prior to your election to opt out or unsubscribe cannot be retrieved or rescinded by us unless required by applicable law, and you cannot retroactively opt out or unsubscribe with respect to such third parties. Also, please note that we may still send you emails regarding changes to our policies and/or the features and functionality of the Services or in connection with a purchase via the Services or other purposes specifically relating to your account and/or use of the Services. We may also have features that allow you to submit information, questions or feedback to us. In those instances, we may retain your emails and other information you submit to us for purposes of responding to you, for our internal purposes, and to help us to serve you better.

We may share, disclose and/or sell certain information about you, your device and your interaction with the Services with Third Party Advertising Service Providers in an anonymized, de- identified format, as further described herein. We may also share, disclose and/or sell to third parties aggregated data regarding our users’ access to and use of the Services. To the extent that your information is included in such aggregated data, it will be in an anonymized, de-identified format that does not personally identify you.

The Services may offer co-branded services and features, such as events and promotions provided by us and/or our affiliated companies or other third party partners, that may be hosted on the Services and/or our co-branded partner’s website, platform or service. We may share your personal information with such co-branded partners and your voluntary use of or participation in a co-branded service or feature means that you opt in and give your affirmative consent to both us and our co-branded partners to collect any information provided in connection with the specific co-branded feature or service and to use such information for the fulfillment of the feature or service and for marketing or administrative purposes in accordance with our respective privacy policies. The co-branded partner will be identified on the co-branded feature or service, along with the co-branded partner’s privacy policy. If you wish to opt out of a co-branded partner’s future use of your personal information for marketing or other purposes, you will need to contact the co-branded partner directly and the use of such information by co-branded partner is subject to co-branded partner’s privacy policy.

Your Santa Monica R Restaurant Association, Inc. user profile (including your profile picture and your list of friends or connections on the Services) may be set to “private” by default, meaning that it may not be shared with other users of the Services, unless you adjust your privacy settings to allow such sharing. However, the Services may include features that allow you to connect on the Services with people you know, by accessing your contact list, address book or friends on Third Party Platforms (if you choose to make such information available to us), and such features may allow other users to see your name and/or username, even if your user profile is set to “private”. Such features may also allow other users to send you a request to connect with you on the Services, and, if you accept such requests, your user profile will be shared with such users, even if your user profile is set to “private”. In addition, you may have the ability to share other content that you submit with other users of the Services and Third Party Platforms. In such cases, certain information associated with such content may also be disclosed, such as your username. Subject to your user account preferences and privacy settings (as further described herein we may disclose any content that you make available on the Services.

We use third-party service providers to assist us in efficiently providing the full range of content, activities, services, features and functions offered by the Services, and we may disclose your personal and other information to these service providers solely to the extent necessary for them to provide such services to us and our affiliates. These service providers may temporarily store certain information on their servers, but they may only use your information to provide Santa Monica R Restaurant Association, Inc. with a specific service. We will not authorize them to use your information for any other purpose and will require them to agree to keep your information secure and confidential.

Santa Monica R Restaurant Association, Inc. may access or disclose your information regardless of whether or not you have consented to such access or disclosure in the following circumstances: (i) to protect or defend the legal rights or property of Santa Monica R Restaurant Association, Inc., our affiliated companies or their employees, agents and contractors (including enforcement of our agreements); (ii) to protect the safety and security of the Services and our users; (iii) protect against fraud or for risk management purposes; (iv) if we believe your actions violate the Terms of Use, this Privacy Policy, any Rules and/or Additional Terms; or (v) to comply with law or legal process. In addition, if Santa Monica R Restaurant Association, Inc. sells all or part of its business or makes a sale or transfer of all or a material part of its assets or is otherwise involved in a merger or transfer of all or a material part of its business, Santa Monica R Restaurant Association, Inc. may transfer your information to the party or parties involved in the transaction as part of that transaction, and such party or parties may use the information for the purposes set forth in, and in accordance with the terms of, this Privacy Policy.

The Services may be linked to, rely on and/or be integrated with Third Party Platforms and other websites, applications, interfaces, services and/or platforms operated by other companies. The Services may also feature advertisements from third parties. Santa Monica R Restaurant Association, Inc. is not responsible for the privacy practices of such websites, applications, interfaces, services and platforms operated by third parties that are linked to, rely on and/or integrated with the Services or for the privacy practices of third party advertising companies. Once you leave this Services via such a link, access a third party application, interface, service, or platform, including Third Party Platforms, or click on or navigate to an advertisement, you should check the applicable privacy policy of such third party to determine, among other things, how they will handle any personally identifiable or other information that they may collect from you.

 

How can you provide, update or correct your information?

We believe you should have the ability to access and edit the Personally Identifiable Information that you have provided to us. You may change any of your Personally Identifiable Information in your account online at any time by linking to your account in accordance with instructions posted elsewhere on this Website.

We encourage you to promptly update your Personally Identifiable Information if it changes. You may ask to have the information on your account deleted or removed; however, because we keep track of past transactions, you cannot delete information associated with past transactions on this Website. In addition, it may be impossible to completely delete your information without some residual information because of backups.

It is your responsibility to give us current, complete, truthful and accurate information and to keep such information up to date. We cannot and will not be responsible for any problems or liability that may arise if you do not give us accurate, truthful or complete information or you fail to update such information. We will reject and delete any entry that we believe in good faith to be false, fraudulent or inconsistent with this Privacy Policy.

 

What are your choices regarding collection, use, and distribution of your information?

You may change certain privacy preferences (e.g., choose to cease receiving certain communications or ask us not to share your personal information with a particular third party) as needed. If you ask Santa Monica R Restaurant Association, Inc. to stop using your personal information, we will honor that request, provided that we may retain a record of such information as necessary to comply with applicable law and we may continue to use your contact information to contact you about your Services-related transactions and to respond to your requests, as well as your IP address to determine the country in which you are accessing the Services. Other privacy preferences (e.g., hiding your user profile, deactivating your user account, etc.) may be made by modifying your user account settings on the Services, your device and/or the applicable Third Party Platform. You always have the right to access, review and correct the personal information you have provided and generally you may review, update or delete certain information collected by the Services at any time by accessing your user account as described herein.

 

What Security Precautions Are In Place To Protect Against The Loss, Misuse, Or Alteration Of Your Information?

Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your Personally Identifiable Information, you acknowledge, as a further condition on use of Services, that: (a) there are security and privacy limitations of the Internet which are beyond our control; (b) the security, integrity and privacy of any and all information and data exchanged between you and us through this Website cannot be guaranteed; and (c) any such information and data may be viewed or tampered with in transit by a third party.

While no data transmission over the Internet is completely secure from intrusion, we maintain commercially reasonable physical, electronic and procedural safeguards to protect your personal information. We also limit access to the Services by our own employees, contractors, service providers and those individuals who are authorized for the proper handling of such information. We request that our third party contractors and service providers follow similar standards of security and confidentiality as those followed by Santa Monica R Restaurant Association, Inc.. However, it is possible that third parties may unlawfully intercept or access transmissions or private communications despite our efforts to prevent the same and we therefore make no guarantees regarding the security of user information.

 

Are your rights different based on your location or age?

California Online Privacy Protection Act (CalOPPA) is the first state law in the nation to require commercial websites and online services to post a privacy policy. The law’s reach stretches well beyond California to require any person or company in the United States (and conceivably the world) that operates websites collecting Personally Identifiable Information from California consumers to post a conspicuous privacy policy on its website stating exactly the information being collected and those individuals or companies with whom it is being shared. See more at: http://consumercal.org/california-online-privacy-protection-act-caloppa/#sthash.0FdRbT51.dpuf

According to CalOPPA, we agree to the following: users can visit our site anonymously; once this privacy policy is created, we will add a link to it on our home page or as a minimum, on the first significant page after entering our website, our Privacy Policy link includes the word ‘Privacy’ and can easily be found on the page specified above, you will be notified of any Privacy Policy changes on our Privacy Policy page, you may change your personal information by emailing us.

If you are a resident of the State of California, we provide you with information on how to exercise your disclosure choice options such as your right to opt out or opt in for use of your personal information by third parties (such as advertisers) for marketing purposes. Therefore, pursuant to the California Civil Code, we are not required to maintain or disclose a list of the third parties that have received your personal information for marketing purposes during the preceding year. If you are a California resident and wish to request information about how to exercise your third party disclosure choices, please send a request to our Privacy Administrator. For all requests, please clearly state that the request is related to “Your California Privacy Rights”, include your name, street address, city, state, zip code and e-mail address (your street address is optional if you wish to receive a response to your request via email) and indicate your preference on how our response to your request should be sent (email or postal mail). We will not accept requests via the telephone or by fax. We are not responsible for notices that are not labeled or sent properly, or do not have complete information.

Santa Monica R Restaurant Association, Inc. recognizes the need to adequately protect the privacy of all if its users, especially children. You must be at least 18 years old to have our permission to use this Website. Our policy is that we do not knowingly collect, use or disclose Personally Identifiable Information about visitors that are under 18 years of age.

The Services are not intended for or directed at children. We do not knowingly collect personal information from children under 13. Please visit http://www.ftc.gov/bcp/edu/pubs/consumer/tech/tec08.shtm for information from the Federal Trade Commission about protecting children’s privacy online. COPPA (Children Online Privacy Protection Act): We do not specifically market to children under the age of 13 years old.

When you have provided consent and/or to the extent permitted by applicable privacy or data protection laws, your personal information may be transferred to, stored, processed and/or used by Santa Monica R Restaurant Association, Inc. on servers in the United States and/or the locations and servers of any Santa Monica R Restaurant Association, Inc. affiliate and/or service provider that transfers, stores, processes or uses personal information on Santa Monica R Restaurant Association, Inc.’s behalf. When this involves transferring your personal information from the European Economic Area to areas outside the European Economic Area, Santa Monica R Restaurant Association, Inc. will seek to provide an adequate level of data protection according to EU standards. If you access the Services in any country outside the European Union, the data controller is Santa Monica R Restaurant Association, Inc..

 

How do you contact us?

If you have any questions about this Privacy Policy, the practices of this Website, or your dealings with this Website, please contact:

Santa Monica R Restaurant Association, Inc.

ATTN: Website Terms and Privacy Policy

327 S. Latigo Canyon Road

Malibu, California 90265

310.392.4956

info@thebirdcage.com

 

Does this privacy policy change?

From time to time, we may modify this Privacy Policy to reflect industry initiatives, third party requirements or changes in the law, technology, our information collection and use practices or the features and functionality of the Services, and such modifications shall be effective upon posting. When we change this Privacy Policy in a material way, a notice will be posted on our website along with the updated Privacy Policy. Your continued use of the Services after we post a revised Privacy Policy (and, where appropriate, notify you of same) signifies your acceptance of the revised Privacy Policy. It is therefore important that you review this Privacy Policy regularly to ensure you are updated as to any changes. We may also seek your affirmative consent to the terms of the updated Privacy Policy. For example, we may ask for your consent before implementing new uses of the personal information that we’ve already collected from you, if such new use was not addressed by the privacy policy under which such information was collected.

 

What Else Should You Know About Your Privacy Online?

We honor Do Not Track signals and Do Not Track, plant cookies, or use advertising when a Do Not Track (DNT) browser mechanism is in place. We do not allow third-party behavioral tracking.

You should also be aware that when Personally Identifiable Information is voluntarily disclosed (i.e. your name, e-mail address, etc.) in the discussion forums or other public areas on this Website, that information, along with any information disclosed in your communication, can be collected and used by third parties and may result in unsolicited messages from third parties. Such activities are beyond our control and this Privacy Policy does not apply to such information. Any submissions to chat rooms or other public areas on this Website are accepted with the understanding that they are accessible to all third parties. If you do not want your comments to be viewed by third parties, you are advised not to make any submissions. Ultimately, you are solely responsible for maintaining the secrecy of your password and/or account information. Please be careful and responsible whenever you’re online.

This document is the sole statement of the Privacy Policy and no summary, restatement or other version thereof, or other privacy statement or policy, in any form, including, without limitation, machine-generated, is valid.

This Privacy Policy was last modified on the date indicated above and is effective immediately.

© 2018 Santa Monica R Restaurant Association, Inc., a California corporation, dba The Birdcage ALL RIGHTS RESERVED

CONTACT

(310) 392-4956

HOURS

Friday - Saturday

10pm - 2am