This Policy describes how Times Square Grand Slam collects customer information and uses and shares the information collected. Under this Policy, “Information” means information, including personal information, collected from anywhere, including our locations in Tyler, Texas, United States, our website at and other websites where we post this Policy (collectively, the “Sites”), as well as our other mobile websites, mobile applications, services, tools, and other applications that link to this Policy (collectively, and together with the Sites, the “Services”). We provide this Policy to help you make an informed decision about whether to continue to access Services. This Policy should be read in conjunction with the Terms of Use, which is incorporated herein by reference.
Our goal is to collect and use only that Information that we think is required for our legitimate business interests, or that helps us to better understand your interests and improve your experience of using the Services and the products and services accessible through or provided by our venues.
1. INFORMATION WE COLLECT OR RECEIVE
Information Collected Directly from You
You can browse our Services without telling us your name or revealing other personal information about yourself. The information that we may receive and collect from you depends on what you do when you access the Services. We do not collect any personal information from you when you use the Services unless you provide us with the personal information voluntarily. For instance, if you create an account for online ordering or via our mobile applications, fill out customer comment cards, participate in a promotion, or join our customer loyalty programs or email lists, you give us your personal information. You may also give us your personal information when requesting that we contact you. For example, account information may include name, date of birth, email address, physical address, mobile number, or similar information. When you create an account or otherwise engage with our Services, you may provide certain additional information such as username and password. You may also provide payment information such as credit or debit card information, and name and billing address.
Surveys and Promotions
From time to time, we may receive Information from you via surveys or contests or sweepstakes. Participation in these surveys, contests or sweepstakes is completely voluntary. Contact information may be used to notify the winners, award prizes and file winners’ information as required by law. Survey information will be used for the purpose(s) of the survey.
Content You Post
Some aspects of the Services are designed to enable you to communicate with others. Any information or content you post when utilizing the Services and social media sites, plug-ins or other applications becomes public information, depending upon your privacy settings, and is subject to redistribution by Times Square Grand Slam and other third parties. There is no expectation of privacy when posting content or otherwise participating in such interactive forums and we have no control over how other users may use the information you make public. Therefore, you should exercise caution and discretion when disclosing your personal information in a public submission or online posting.
Information from Social Networks
When using third party social networking services (e.g., Facebook, Twitter, Instagram, Google+) (each and collectively, a “Social Network”), you may decide to access or connect your activity on our Services with your Social Network information and activity or connect your Social Network activity with our Services. If you permit a connection, Times Square Grand Slam (and that Social Network) may be able to identify you and to associate information received pursuant to the connection with information we already have about you. Please review the Social Network’s privacy policy and choices for sharing information of any Social Network connected to our Services.
Mobile Information
We may collect your zip/postal code and information regarding your mobile carrier, regional location and, if you opt in, Geo-location as described in Section 2, below. Data obtained from you in connection with mobile text (SMS) or push notification services may include your cell phone number, your mobile carrier’s name, the date, time and content of your messages, and other information you provide to us.
2. INFORMATION COLLECTED THROUGH TRACKING TECHNOLOGIES
Tracking Technologies
In addition to any Information that you choose to submit to us, we and our business partners may use a variety of tracking technologies such as cookies, web beacons/GIFs, HTML5, embedded scripts, and e-tags/cache browsers/web logs (“Tracking Technologies”), to automatically collect certain information from your computer, mobile, or other device (“Device”) whenever you visit or interact with the Services or third party websites. This information may include your Device identifier, the type and version of Internet browser software you use, and your operating system. We may also collect password information from you when you log in, as well as computer and connection information. During some visits, we may use these tools to measure and collect session information, including page response times, download errors, time spent on certain pages and page interaction and conversion information. Certain features of our Services are only available through the use of Tracking Technologies. Tracking Technologies are used for a variety of purposes, including the following:
Operationally Necessary
We may use Tracking Technologies required for system administration, to prevent fraudulent activity, improve security or allow you to make use of our Services’ functionality.
Performance Related
We may use Tracking Technologies to assess the performance of our Services, including as part of our analytic practices to improve the content offered through the Services. We may use Tracking Technologies to tell us, for example, whether you have visited the Services before or if you are a new visitor, and to help us identify the features in which you may have the greatest interest. We and the third-party technology providers, ad exchanges, ad networks, advertisers, agencies, ad exchanges, and ad servers with which we work use third-party analytics services (e.g., Google Analytics) to evaluate your use of the Services, compile reports on activity, collect demographic data, analyze performance metrics, and collect and evaluate other information relating to the Services and mobile and Internet usage. For example, we use Google to serve third party cookies (such as Google Analytics cookie) to report how our ad impressions and interactions with these ad impressions and ad services are related to visits to the Services. To learn about Google Analytics opt-outs for the web or mobile, click here.
Targeting Related
We may use Tracking Technologies to deliver content, including ads, relevant to your interests on the Services and third-party sites based on how you interact with our advertisements or content as well as to track the content you access. For more information on interest-based advertising and your choices for opting out, see Section 3 (Targeted Advertising).
Location and Geo-location Functionality
Information gathered from your use of the Services may be combined with information from third-party sources to identify your location by state and region (“Regional Location”), which we may use to serve you appropriate local content and advertising. Certain of our mobile applications also have search functionality that gathers aggregate location data about visitors who are in or near our venues, and when visitors opt in, allows us to collect information about their precise geographic location (“Geo-location”). We may use GPS, Wi-Fi, Bluetooth or cell tower proximity to determine Geo-location. If you agree to have your Geo-location collected, we may use and retain that precise location data to provide you with information about venues in your area or marketing and other activities contemplated by our mobile applications and by this Policy. When you have Geo-location software running on your Device, we may only collect that information as controlled by your privacy settings on your Device. For most mobile Devices, you can withdraw your permission for Times Square Grand Slam to acquire this information on your location through the Device settings. If you have questions about how to disable your Device’s location services, we recommend you contact your mobile Device service provider or the Device manufacturer.
Cross-Device Tracking
To better understand your purchasing preferences, we may use third party vendors that use Tracking Technologies that recognize and collect information about your Devices that you may use to connect with our Services and the Internet. When these tools are enabled, the data that we and our third-party service providers collect about these Devices is used to enable advertising or other information across Devices to deliver more relevant information to you, or to measure the effectiveness of our Services and advertising across different Devices. When you access our Services on a specific Device, a unique ID is created for that Device that allows us and our third-party vendors to deliver relevant content and advertising based on your interests gathered across multiple sites and applications. This data may be combined with the same information from another browser or Device if you use multiple browsers or Devices.
3. ADVERTISING & ANALYTICS SERVICES
Interest-Based Advertising
We engage third parties to serve advertisements on our behalf and provide analytics services.These third parties may use Tracking Technologies to collect information about your visits over time and across the Services and other third-party web sites, such as your IP address, web browser, pages viewed, time spent on pages, links clicked and conversion information, as well as information received from other sources. This information may be used by us and others to, among other things, analyze and track data, determine the popularity of certain content and Services, deliver targeted advertising to you and better understand your offline and online activity. We use Google interest-based cookies to serve personalized ads to you. To learn more about how Google uses cookies in interest-based advertising, you can visit the Google ad and content network privacy policy located here. To opt out of Google interest-based cookies, click here. To serve our ads, we also use a variety of third-party advertising service providers, including networks, data exchanges, ad servers, analytics providers and others. These third parties may use Tracking Technologies to send directly to your Device the advertisements and marketing messages that appear on the Services. They automatically receive your Device identifier when this happens. Their tools may also limit the number of times you see the same ad and help measure the effectiveness of our advertising campaigns. These third parties also may use information gathered from your use of the Services to serve targeted, interest-based advertisements to you on third-party websites and applications. The use of these Tracking Technologies by these third parties is subject to their own privacy policies and is not covered by this Policy. Google and some of the advertising service providers we use may be members of the Network Advertising Initiative, which offers a single location to opt out of ad targeting from member companies. If you opt out of receiving targeted ads in this manner, you will continue to receive advertising messages, but they will not be customized to you based on your use of the Services and third-party websites. If you would like more information about advertisers’ use of Tracking Technologies and about your option not to accept them, you can go to www.networkadvertising.org. To learn more about how interest-based information is collected, whether the companies we use are part of an industry network regarding behavioral advertising, or to know your choices about not having information used in this manner, you can go to www.aboutads.info.
You also can prevent your receipt of interest-based ads from us on websites by deleting and declining cookies in your browser(s). Please note that the opt-out is cookie-based and will only affect the specific computer or mobile application, and browser or operating system, on which the opt-out is applied. Some newer mobile device operating systems allow you to limit the use of information to deliver interest-based advertising in mobile applications. You can check the settings on your Device for such options in your Device’s operating system.
Alternatively, you may wish to download the Digital Alliance “App Choices” mobile application and follow the instructions provided.
Browser “Do Not Track” Signals
Some third-party browsers provide “do not track” machine-readable signals for websites, which are automatically applied by default and therefore do not necessarily reflect our visitors’ choice as to whether they wish to receive advertisements tailored to their interests. As a result, we do not respond to these signals.
4. HOW WE USE AND SHARE YOUR INFORMATION
Our Use of Customer Information
We may use Information that we collect about you: (1) to inform you about our products and services and respond to your requests; (2) to fulfill orders or reservations made by you; (3) to send you special offers for our services that may be of interest to you; (4) to provide customer service and solicit feedback from you; (5) to administer a contest, sweepstakes, or promotion; (6) to administer our customer loyalty programs; (8) to improve our Services and to customize your experience; (9) for internal business purposes; and (10) for purposes disclosed at the time you provide your Information, or as otherwise set forth in this Policy.
Service Providers
We may disclose Information to our third-party service providers in order to monitor the activity of Services, conduct surveys and administer contests or sweepstakes, send marketing communications, and provide other Services to you, such as to fulfill gift card orders (U.S. Postal Service, Canada Post, or other delivery companies we or you select) and provide customer service. We also engage third-party companies and individuals to perform functions on our behalf. Examples may include providing technical assistance, customer service, marketing assistance, and administration of promotional programs. These other companies will have access to the Information only as necessary to perform their functions and to the extent permitted by law
Analyze and Aggregate Non-Personal Information
We use aggregate information about our users and non-personal Information to analyze the Services and user behavior and prepare aggregated reports. This aggregate information does not identify you personally. We may share and/or license this aggregate data to our affiliates, agents, business and promotional partners, and other third parties. We may also disclose aggregated user statistics to describe the Services to current and prospective business partners and investors and to other third parties for other lawful purposes.
Process Payments
Information may be disclosed to process credit card transactions, which are handled by established third-party banking, processing agents and distribution institutions. They receive the Information needed to verify and authorize your credit card or other payment information and to process your order. In addition, we may disclose Information to third parties to verify the authenticity of any financial transaction involving Times Square Grand Slam or its subsidiaries or to update your billing information.
Communicate with You and Third Parties at Your Request
We use your Information to contact you about your orders, reservations or other requests, as described at the time when we collect the Information, or to contact you for other purposes authorized by law.
Mobile Data
When you access Services on a mobile Device, we may use the Information collected for any purpose set forth in this Policy. For example, we may use this Information to provide you with location-based services, such as locally based search results, and other personalized content.
Promotional Communications
We may use your address, email address and mobile phone number to send you updates and communications about our products and services other promotional communications, such as newsletters, programming, changes to our menu or special offers (“Promotional Communications”). If you wish to opt out of receiving Promotional Communications or change your preferences for Promotional Communications, you may follow the instructions in Section 5 (Access to and Managing Your Information) set forth below.
Transactional/Administrative Communications
We may use your Information to send you notices from time to time including confirmations or Service-related or administrative communications; for instance, if our Service is temporarily suspended for maintenance, the delivery of a Service is delayed, or there are policy changes.
Co-Branded Areas
Certain areas on our Services may be provided to you in association with third parties (“Co-Branded Areas”). Such Co-Branded Areas will identify the third party. If you register for the products or services provided at these Co-Branded Areas, either you will be providing your Information to both Times Square Grand Slam and the third party, or we may be providing your Information directly to the third party in order for that third party to fulfill their products and services directly with you. Your Information will be subject to this Policy as well as the privacy policy and practices of such third party. We are not responsible for the privacy practices of those third parties and we suggest you review the respective privacy policies of those third parties to learn more about their privacy practices.
Information from Other Sources
The Information we collect may be combined with information from outside records (e.g., demographic information, navigation information, and additional contact information) that we have acquired in accordance with the law. We also may acquire Information from other sources about your visits over time and across other third-party websites, in order to serve more targeted advertising to you through the Services.
Legal Matters; Safety
We may, without your consent, access and disclose your Information, any communications sent or received by you, and any other information that we may have about you or your account as may be permitted or required by law (including, but not limited to, court order or subpoena), or to prevent or investigate suspected fraud, violations of our Terms of Use, or activity that appears to us to be illegal or may expose us to legal liability. Additionally, to the extent permitted by law, we may disclose the Information whenever we believe that disclosing such Information is necessary or advisable, for example, to protect the rights, property, or safety of us or others, including you.
Sale or Transfer of Business or Assets
If Times Square Grand Slam, or any of its affiliates or businesses, is sold or disposed of as a going concern, whether by merger, sale of assets or otherwise, or in the event of an insolvency, bankruptcy or receivership, personal information of our users may be one of the assets sold or merged in connection with that transaction. Information about our customers and users of our Services may also need to be disclosed in connection with a commercial transaction where we or any one of our businesses are seeking financing, investment, or funding.
6. IMPORTANT DISCLOSURES, PRACTICES AND CONTACT INFORMATION
Links to Other Sites
Our Sites may utilize hyperlinks to access external or third-party sites, which are not controlled by us and, therefore, are not subject to this Policy. We recommend that you check the privacy policies of those third-party sites to determine how the proprietors of those sites will utilize your Information.
Security
We implement security measures to protect against the loss, misuse, and alteration of information under our control. However, no system can guarantee that there will never be unauthorized access to your Information, and your use of Services indicates that you are willing to assume this risk. Nevertheless, credit card security is a high priority and we use SSL encryption software when collecting and transmitting your billing information to our payment processors.
Storage and Retention
Information that you provide to us as described in this Policy or through the Services may be gathered and stored in one or more of our corporate databases. We will retain logs and information about you for the purposes set forth in this Policy along with an archival copy of your Information, which might be used by us for record-keeping and internal purposes, including enforcing our Terms of Use, complying with law, preventing fraud, assisting with investigations, resolving disputes, analyzing or troubleshooting programs, or take other actions permitted by law.
What You Need to Do to Protect Your Information
There are several measures you can take to protect your Information. One option is simply not to volunteer it to us. As stated above, this approach would allow you to still visit our restaurants or access Services; however, you will not be able to use all of our Services, including online ordering, purchases, and reservations. The Federal Trade Commission’s site, www.ftc.gov, also offers useful information about how to protect personally identifiable information provided online or through mobile applications.
App Stores; External Websites
Your app store (e.g., iTunes or Google Play) may collect certain information in connection with your use of the Services, such as personal information, payment information, geo-locational information, and other usage-based data. We have no control over the collection of such information by a third-party app store, and any such collection or use will be subject to that third party’s applicable privacy policies.
The Services may contain links to third-party websites. We have no control over the privacy practices or the content of these websites. As such, we are not responsible for the content or the privacy policies of those third-party websites. You should check the applicable third-party privacy policy and terms of use when visiting any other websites.
Children’s Privacy
Services are intended for use by adults. Times Square Grand Slam does not currently market to or create special areas for use by children. Accordingly, we adhere to the Children’s Online Privacy Protection Act (COPPA) and we do not knowingly collect any personal information from children under the age of 13 years. If we discover that a child under the age of 13 has provided personally identifiable information to us, we will delete the child’s personally identifiable information from our files to the extent technologically possible. If you are a parent or guardian and believe we have collected personally identifiable information from a child under the age of 13 in a manner not permitted by COPPA, please contact us at guestsupport@elevategroup.com or write to us at: Elevate Entertainment Group, LLC., Attn: Guest Support, 500 W. 2nd St., #1900, Austin, TX 78701, and we will remove such data to the extent required by COPPA.
Notice to Users Outside the United States
The Services are administered in the United States. If you are located outside of the United States, please be aware that your Information, including your personal information, may be transferred to, processed, maintained, and used on computers, servers, and systems located outside of your state, province, country, or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. If you are located outside the United States and choose to use the Services, you hereby irrevocably and unconditionally consent to such transfer, processing, and use in the United States and elsewhere.
No Rights of Third Parties
This Policy does not create rights enforceable by third parties or require disclosure of any personal information relating to users of our Services.
Disputes
Any dispute over our use of your Information or privacy is subject to this Policy and our Terms of Use, including limitations on damages, resolution of disputes, and application of the laws of the United States and the State of Texas.
Changes to the Privacy Policy
We may change this Policy from time to time. You agree that we may notify you about material changes in the way we treat Information by placing a notice on the Sites. The most recent version of our Privacy Policy will always be posted on the Sites and accessible through the Services. You should check the Sites and Services frequently for updates. By accessing Services you are deemed to consent to our then-current privacy policy.