privacy policy

  1. Overview

This Privacy Notice describes the types of Information that Killer Burger, LLC (“Killer Burger,” “we,” “us,” and “our”) collects from you when you visit the website at www.killerburger.com, our mobile applications and other online services (the “Site”) and how we collect, use, maintain, protect, and disclose that Information.

Please read this Privacy Notice to understand our policies and practices regarding your Information and how we will handle it. If you do not agree with our policies and practices, do not use the Site. By accessing or using the Site, you are agreeing to this Privacy Notice.

Killer Burger may change this Privacy Notice at any time, at its discretion. Your continued use of the Site after we make changes is deemed to be acceptance of those changes, so please check the Privacy Notice periodically for updates.

This Privacy Notice is subject to and governed by the Killer Burger Terms and Conditions (“Terms and Conditions”) available at the Site here.

  1. The Types of Information That Killer Burger Collects About You and How Killer Burger Collects Information About You

Killer Burger may collect two types of information from you when you visit the Site: Personal Information and Non-Personal Information (collectively “Information”).

  • “Personal Information” refers to data by which you may be personally identified, such as name, phone number, and email address.
  • “Non-Personal Information” means data that is about you that does not identify you specifically. If you do nothing during your visit to our Site but browse, read pages, or view content, we will gather and store information about your visit that does not identify you personally.

We collect Information:

  • Directly from you when you provide it to us.
  • From our service providers, such as our ordering platforms or our email marketing platform.
  • From other sources or third parties.
  • Through our communications with you.
  • Automatically as you navigate through the Site.
  • Through analytics.

Information You Provide Directly to Killer Burger. The Information that you provide us directly through our Site may include:

  • Information that you provide when you subscribe to our mailing list.
  • Information that you provide by filling in forms on the Site.
  • Information that you provide when you sign up for our loyalty programs.
  • Information that you provide when you report a problem with our Site.
  • Information that you provide in connection with an inquiry you have.
  • Records and copies of your correspondence (including email addresses), if you contact us.
  • Your responses to surveys.
  • Information that you provide when you complete a transaction through the Site.
  • Information that you provide when you inquire about employment or franchise opportunities.

Information Automatically Collected from You. The Information that Killer Burger may automatically collect and store about you when you visit the Site may include:

  • Your location.
  • The Internet Protocol Address and domain name used. The Internet Protocol address is a numerical identifier assigned either to your internet service provider or directly to your computer. We use the Internet Protocol address to direct internet traffic to you.
  • The type of browser and operating system you used.
  • The date and time you visited the Site.
  • The web pages you accessed at the Site.
  • The website you visited prior to coming to the Site.

The methods we use for automatic data collection may include:

  • Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website.
  • Flash Cookies. Certain features of the Site may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on the Site. Flash cookies are not managed by the same browser settings used for browser cookies.
  • Web Beacons. Pages of the Site may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit us to count users who have visited those pages and for other related Site statistics.
  • Google Analytics Advertising Features. We also may have the following Google Analytics Advertising Features Implemented: Demographics and Interest reporting, Remarketing, GDN Impression Reporting and Double Click Campaign Manager. These features collect data using Google advertising cookies and anonymous identifiers. Killer Burger and third party vendors use these first-party cookies to access the success of online marketing campaigns, inform future campaigns and improve usability on the Site. To learn how to opt-out of the Google Analytics Advertising Features we use, please see Google Analytics’ currently available opt-outs for the web at https://tools.google.com/dlpage/gaoptout.
  1. How Killer Burger Uses Information It Collects About You and the Purpose for the Collection and Use

We use Information that we collect about you or that you provide to us, including any Personal Information, for the following purposes:

  • To present our Site and the Site Content (as defined in the Terms and Conditions) to you.
  • To facilitate loyalty programs.
  • To provide you with the products or services that you request from us.
  • To provide customer support.
  • To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
  • To notify you about changes to our Site or any products we offer or provide through it.
  • To communicate with you regarding our products, including for marketing purposes.
  • To personalize your experience and our advertising to you.
  • To communicate with you regarding questions about employment or franchise operations.
  • In any other way we may describe when you provide the Information.
  • To fulfill any other purpose for which you provide it.
  • For any other purpose with your consent.
  • To improve our Site and products offered through it.

Site statistics are compiled into traffic reports, which help Killer Burger understand, anticipate, and respond to user needs. If we learn, for example, of heightened interest in certain aspects of the Site, we are likely to highlight that information on the Site home page. This Information helps us create a better overall experience for Site users.

We will only retain your Personal Information for as long as reasonably necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements.  We may retain your Personal Information for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.

To determine the appropriate retention period for Personal Information, we consider the amount, nature and sensitivity of the Personal Information, the potential risk of harm from unauthorised use or disclosure of your Personal Information, the purposes for which we process your Personal Information and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements.  In some circumstances you can ask us to delete your data: see your legal rights below for further information.  And in some circumstances we will anonymise your Personal Information (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.

  1. How Killer Burger Protects Your Information

We have implemented measures designed to protect your Information from accidental loss and from unauthorized access, use, alteration, and disclosure. The internet is not completely secure. Although we are working to protect your Information, we cannot guarantee the security of your Information either in transmission or when stored. We are not responsible for circumvention of any privacy settings or security measures contained on the Site.

  1. When Killer Burger Shares Your Information

We may use and disclose Non-Personal Information about our users without restriction. We may disclose Personal Information that we collect or you provide as described in this Privacy Notice:

  • To our subsidiaries, affiliates, and franchisees.
  • To contractors, service providers, and other third parties we use to support our business, as described further below, including third party payment facilitators.
  • To a buyer or other successor (potential or actual) in connection with a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Killer Burger’s assets, including any related due diligence.
  • To fulfill the purpose for which you provide it.
  • For any other purpose disclosed by us when you provide the Information.
  • With your consent.
  • To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
  • To enforce or apply our Terms and Conditions.
  • If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Killer Burger or others.

Killer Burger

  1. Third Parties Providing Services On Our Behalf

We use third parties to help process your orders, host the Site, design and operate the Site features, and to perform administrative, analytics, and payment processing. Services these third parties provide include providing information to Killer Burger about the use of the Site and viewing of our content. We may disclose your Information to these companies so they can carry out these services. These companies are bound by contractual obligations to keep Information confidential.

  1. Information From Children

Killer Burger complies with the requirements of the Children’s Online Privacy Protection Act and related regulations. The Site is not directed at children, and Killer Burger does not knowingly collect any Information from children under 13 years of age through the Site. If Killer Burger learns that a child under 13 years of age has provided Information through the Site, Killer Burger will delete this Information from its databases. If you are under 13, do not use this Site or provide any Information about yourself to Killer Burger, including your name, address, telephone number or email address. If you become aware that Information of a child under 13 years of age has been provided, please contact us at [email protected]

  1. Links to Other Websites and Services

We are not responsible for the practices employed by websites or services linked to or from the Site, including the information or content contained therein. Our Privacy Notice does not apply to third-party websites or services.

  1. Do Not Track

Some browsers incorporate a “Do Not Track” (“DNT”) feature that, when turned on, signals to websites and online services that you do not want to be tracked. At this time, the Site does not respond to DNT signals.

  1. Your Choices About Information

If you choose not to provide Information, you may be unable to access all or portions of the Site. If you no longer wish to receive marketing or promotional communications from us, click on the “unsubscribe link” provided in such communications or send us an email at [email protected]

If you opt out of receiving marketing/promotional emails, we may still send you non-promotional emails, such as emails about your accounts or our ongoing business relations. Please report your concerns about collection or use of Personal Information through the Site to [email protected]

  1. Your California Privacy Rights

Under the California Consumer Privacy Act of 2018 (CCPA), California consumers may have certain rights regarding their Personal Information, including the rights listed below.

  • The right to know the categories of Personal Information that Killer Burger has collected and the sources from which Killer Burger obtained the Information over the previous 12 months.
  • The right to know the business purposes for sharing Personal Information.
  • The right to know the categories of third parties with whom Killer Burger has shared Personal Information over the previous 12 months.
  • The right to access the specific pieces of Personal Information Killer Burger has collected, and the right to request the deletion of Information (see “Your Rights and Choices” below).
  • The right to opt-out of the sale of your Personal Information and in some cases the sharing of your Personal Information.  Note that Killer Burger does not sell your Personal Information.
  • The right to correct your Personal Information.

This Section contains information about these rights and how to exercise them. 

Categories of Personal Information We Collect:

  • Identifiers such name, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, or other similar identifiers (“Identifiers”).
  • Personal Information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)) such as name, signature, address, or telephone number (“Customer Records Information”).
  • Commercial Information such as records of products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies (“Commercial Information”).
  • Internet or other similar network activity such as browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement (“Internet Activity”).
  • Geolocation data such as physical location (“Geolocation Data”).
  • Professional or employment-related information such as current or past job history or performance evaluations (“Professional or Employment Information”).
  • Inferences drawn from other Personal Information such as profiles reflecting a person’s preferences (“Inferences”).
  • Sensitive Information

The list of categories of Personal Information that we have shared with third parties for a business purpose is: Identifiers, Customer Records Information, Commercial Information, Internet Activity, Geolocation Data, Sensitive Information and Inferences.  We have not sold your Personal Information.

The list of categories of Personal Information that we have disclosed to those third parties for a business purpose is: Identifiers, Customer Personal Information, Commercial Information, Internet Activity, Geolocation Data, Sensitive Information and Inferences.

The criteria used to determine the length of time Killer Burger will retain your personal information with regard to the categories listed above is in Section 3 of this Privacy Notice.

Additional information about the categories of Personal Information collected and the categories of sources from which Personal Information is collected is in Section 2 of this Privacy Notice. The purpose for collecting the Personal Information listed above is in Section 3 of this Privacy Notice. The third parties with which Killer Burger may share the Personal Information listed above are in Section 5 of this Privacy Notice.

            Exercising Your Rights

To exercise rights described above, please email us at [email protected] or contact us at [INSERT TOLL FREE PHONE NUMBER]. There are exceptions, so not all of these rights may apply to you. Let us know if you have questions about these exceptions.

Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your Personal Information. You may also make a verifiable consumer request on behalf of your minor child.

We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time, we will inform you of the reason and extension period. If we deny your request, we will provide reasons for the denial.

You may only make a verifiable consumer request for access or data portability twice within a 12-month period.

            Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights.

            Other California Privacy Rights

California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of the Site that are California residents to request certain information regarding Killer Burger’s disclosure of Personal Information to third parties for their direct marketing purposes. To make such a request, please contact Killer Burger at the email address included below.

  1. Your Colorado Privacy Rights

Colorado consumers may have may have certain rights regarding Personal Information under the Colorado Privacy Act, which takes effect on July 1, 2023:

  • Right to access their Personal Information and confirm whether Killer Burger is processing their Personal Information.
  • Right to correct inaccuracies in their Personal Information.
  • Right to delete their Personal Information
  • Right to data portability.  Consumers have the right to obtain Personal information in a portable and readily usable format to transmit it to another entity.
  • Right to opt out of the processing of their Personal Information for the purpose of targeted advertising, sale of Personal Information, or profiling decisions that produce legal or similarly significant effects concerning a consumer. This right also provides consumers the right to a universal opt-out option.
  • Right to appeal Killer Burger’s denial to take action within a reasonable time period and to be informed about a consumer’s ability to contact the Colorado Attorney General regarding the appeal.

Information about the categories of Personal Information collected and the categories of sources from which Personal Information is collected is in Section 2 and Section 11 of this Privacy Notice. The purpose for collecting the Personal Information listed above is in Section 3 of this Privacy Notice. Categories of third parties with which Killer Burger may share the Personal Information listed above are in Sections 5 and 6 of this Privacy Notice.

Exercising Your Rights and Appeal

To exercise your rights described above or to ask questions about these rights, please submit a request to [email protected]
Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your Personal Information. You may also make a verifiable consumer request on behalf of your minor child.

We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time, we will inform you of the reason and extension period. If we deny your request, we will provide reasons for the denial.

If we fail to take action regarding a request to exercise the rights or fail to respond, you may appeal the claim by sending a request to [email protected] You will be informed of any action taken or not taken within forty-five (45) days of receipt, unless an extension is reasonably necessary. If an appeal is denied, you have the right to contact the Colorado Attorney General about your concerns.

We reserve the right to charge for a second or subsequent request to exercise rights within a 12-month period.

  1. How To Contact Us About This Privacy Notice

To ask questions about this Privacy Notice and our privacy practices, contact us at [email protected] or by mail at:

Killer Burger LLC
PO Box 301037, Portland, OR 97294

EFFECTIVE DATE: February 21, 2022