WE RESPECT THE PRIVACY OF EVERY INDIVIDUAL WHO VISITS THIS SITE
WHO IS COLLECTING YOUR INFORMATION
The Website is owned and operated by Falcon’s Treehouse, LLC (“Falcon’s”, “we”, “us” or “our”). This Policy applies only to the Website only. Falcon’s is the sole owner of the information collected on the Website.
The Website may contain links to other sites whose privacy policies may differ from those of Falcon’s which we recommend you carefully review and consider. We cannot be responsible for the privacy policies and practices of other websites even if you access them using links from our Website.
WHAT INFORMATION WE COLLECT
Personal Information from the Website is gathered in two ways: (1) indirectly, i.e., certain Website information about you, such as domain name, IP address, browser type and page views, mobile device ID and type, and geolocation which is collected through our Website’s technology to provide certain functionality to you, to remember you when you return, to customize our Website to your preferences and manage content, and compile statistics about Website usage; and (2) directly, when (a) you voluntarily submit Personal Information such as, first and last names and email address(es) in connection with Newsletter Subscriptions on the Website; and (b) when you submit resumes to the third party applicant tracking system described below and respond to job postings through the Website. When we collect this type of information, we will notify you as to why we are asking for information and how this information will be used either in this Policy or separately at the point at which the information is collected if not described in this Policy.
The Website may include job postings from time to time. You may be given the opportunity to apply for job openings online through an applicant tracking system operated by Ninja Gig by creating an account and submitting an application via the Website, which is usually received by the human resources department at Falcon’s. If submitted through that applicant tracking system, your resume or CV and other Personal Information (collectively, “Job Posting Information”) will be made available to Falcon’s. In addition, your Job Posting Information will be stored in that tracking system in an electronic database maintained by Ninja Gig in the United States on behalf of Falcon’s.
All such Job Posting Information may be used by Falcon’s for the purpose of assessing your suitability for current and future job vacancies and to pursue your recruiting process. FALCON’S MAKES NO REPRESENTATIONS AND WARRANTIES REGARDING NINJA GIG’S INFORMATION SECURITY OR PRIVACY PRACTICES.
If at any time you want your Personal Information, resume or CV to be deleted, you simply need to notify human resources at Falcon’s.
Some information that we collect about you is collected passively through the use of “cookies.” Cookies are small files of information, which save and retrieve information about your visit to the Website – for example, how you entered and navigated our Website, and what information was of interest to you.
There are two types of cookies we utilize:
Strictly necessary cookies are cookies that are required for the operation of our Website.
Analytical/performance cookies allow us to recognize and count the number of visitors and to see how visitors move around our Website when they are using it. This helps us to improve the way our Website works, for example by ensuring that users are finding what they are looking for easily.
Disabling Cookies. In certain jurisdictions, you will be asked to provide consent for your cookies when accessing our Website. The request does not always reappear when you revisit the Website. You may click to revise your cookie settings.
DO NOT TRACK SIGNALS
Currently, our systems do not recognize browser “do-not-track” requests. You may, however, disable certain tracking as discussed in the Cookies section (e.g., by disabling cookies).
CLEAR GIFS, PIXEL TAGS AND OTHER TECHNOLOGIES
Clear GIFs are tiny graphics with a unique identifier, similar in function to cookies. In contrast to cookies, which are stored on your computer’s hard drive, clear GIFs are embedded invisibly on web pages. We may use clear GIFs (a.k.a. web beacons, web bugs or pixel tags), in connection with our Website to, among other things, track the activities of Website visitors, help us manage content, and compile statistics about Website usage. We and our third party service providers also use clear GIFs in HTML e-mails to our customers, to help us track e-mail response rates, identify when our e-mails are viewed, and track whether our e-mails are forwarded.
THIRD PARTY ANALYTICS/TRACKING
HOW TO ACCESS AND UPDATE USER PERSONAL INFORMATION
You have choices about the collection, use, and sharing of your Personal Information, including:
- Deletion: You can request that we erase or delete all or some of your Personal Information (e.g., it is no longer necessary to provide services to you) by sending an email to [email protected] .
- Change or Correct: You can contact us at [email protected] to request we update, change or correct any Personal Information you have provided to us in the past.
- Marketing: Users who no longer wish to receive our newsletter or promotional materials may opt-out of receiving these communications by clicking the unsubscribe link at the bottom of the email.
- Withdrawing Consent: If we have collected or processed your Personal Information with your consent, you may withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your Personal Information based on other lawful processing grounds.
In order to use and participate in certain services offered by Falcon’s via the Website, such as our Newsletter, you must first complete a registration form. In order to use or participate in such programs and services, we will need to collect certain Personal Information about you, such as your name and email address. This information is used to communicate with you about specific services on our Website for which you have expressed interest. You may opt-out of receiving any, or all, of these communications from Falcon’s by following the unsubscribe link or instructions provided in any email We send or by contacting Falcon’s at [email protected]
We may use Email Marketing Service Providers to manage and send emails to You.
HOW WE SHARE YOUR INFORMATION AND WHO WE SHARE IT WITH
During the course of business, we may disclose, transfer or otherwise make available Personal Information to third-party service providers who have been legally contracted to provide services on our behalf, and are prohibited from using it for any other purpose.
Your Personal Information may be maintained and processed by us and other third-party service providers in the US. Third-party vendors that may receive Personal Information include on-line job applicant service provider and website analytics firm. In addition, all local, state, federal and foreign countries as mandated by their reporting requirements; and governmental authorities to comply with legal, regulatory or administrative requirements, or to an investigative body in the case of a breach of an agreement or contravention of law, or as otherwise required by US or other law. We may also disclose your Personal Information where necessary for the establishment, exercise or defense of legal claims, to investigate or prevent actual or suspected loss or harm to persons or property, or as otherwise permitted by law.
We may transfer your Personal Information as an asset in connection with the sale or transfer of all or part of the business (including transfers made as part of insolvency or bankruptcy proceedings) or as part of a corporate reorganization or other change in corporate control.
HOW WE ENSURE THE SECURITY OF YOUR DATA
We have implemented technical, physical and administrative measures, as well as policies and procedures designed to safeguard your Personal Information from unauthorized access, use, disclosure, modification or destruction and will continue to update these measures as new technology becomes available. Although we take efforts to protect your Personal Information, we cannot guarantee the security of your Personal Job Posting Information collected by the independent owners and operators of the Hard Rock locations. Any transmission of Personal Information is at your own risk.
Legal Basis for Processing Personal Information under GDPR
We may process Personal Information under the following conditions:
- Consent: You have given your consent for processing Personal Information for one or more specific purposes.
- Performance of a contract: Provision of Personal Information is necessary for the performance of an agreement with you and/or for any pre-contractual obligations thereof.
- Legal obligations: Processing Personal Information is necessary for compliance with a legal obligation to which Falcon’s is subject.
- Vital interests: Processing Personal Information is necessary in order to protect your vital interests or of another natural person.
- Public interests: Processing Personal Information is related to a task that is carried out in the public interest or in the exercise of official authority vested in Falcon’s.
- Legitimate interests: Processing Personal Information is necessary for the purposes of the legitimate interests pursued by Falcon’s.
In any case, Falcon’s will gladly help to clarify the specific legal basis that applies to the processing, and in particular whether the provision of Personal Information is a statutory or contractual requirement, or a requirement necessary to enter into a contract.
Your Rights under the GDPR
Falcon’s undertakes to respect the confidentiality of your Personal Information and to guarantee you can exercise your rights.
- Request access to Your Personal Information. The right to access, update, receive a copy of, or delete the information We have on you.
- Request correction of the Personal Information that We hold about You. You have the right to have any incomplete or inaccurate information We hold about you corrected.
- Object to processing of Your Personal Information. This right exists where We are relying on a legitimate interest as the legal basis for Our processing and there is something about your particular situation, which makes you want to object to our processing of your Personal Information on this ground. You also have the right to object where We are processing your Personal Information for direct marketing purposes.
- Request erasure of Your Personal Information. You have the right to ask Us to delete or remove Personal Information when there is no good reason for Us to continue processing it.
- Request the transfer of Your Personal Information. We will provide to you, or to a third-party you have chosen, your Personal Information in a structured, commonly used, machine-readable format. Please note that this right only applies to automated information which you initially provided consent for Us to use or where We used the information to perform a contract with you.
- Withdraw Your consent. You have the right to withdraw your consent on using your Personal Information. If you withdraw your consent, We may not be able to provide you with access to certain specific functionalities of the Website.
Exercising of Your GDPR Data Protection Rights
You may exercise your rights of access, rectification, cancellation and opposition by contacting Us. Please note that we may ask you to verify your identity before responding to such requests. If you make a request, We will try our best to respond to You as soon as possible.
You have the right to complain to a Data Protection Authority about Our collection and use of your Personal Information. For more information, if you are in the European Economic Area (EEA), please contact your local data protection authority in the EEA.
Categories of Personal Information Collected
We collect information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular Consumer or Device. The following is a list of categories of Personal Information which we may collect or may have been collected from California residents within the last twelve (12) months.
Please note that the categories and examples provided in the list below are those defined in the CCPA. This does not mean that all examples of that category of Personal Information were in fact collected by Us, but reflects our good faith belief to the best of our knowledge that some of that information from the applicable category may be and may have been collected. For example, certain categories of Personal Information would only be collected if you provided such Personal Information directly to Us.
Category A: Identifiers.
Examples: A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, driver’s license number, passport number, or other similar identifiers.
Category B: Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).
Examples: A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some Personal Information included in this category may overlap with other categories.
Category C: Protected classification characteristics under California or federal law.
Examples: Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).
Category D: Commercial information.
Examples: Records and history of products or services purchased or considered.
Category E: Biometric information.
Examples: Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.
Category F: Internet or other similar network activity.
Examples: Interaction with our Service or advertisement.
Category G: Geolocation data.
Examples: Approximate physical location.
Category H: Sensory data.
Examples: Audio, electronic, visual, thermal, olfactory, or similar information.
Category I: Professional or employment-related information.
Examples: Current or past job history or performance evaluations.
Category J: Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).
Examples: Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.
Category K: Inferences drawn from other Personal Information.
Examples: Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.
Under CCPA, Personal Information does not include:
Publicly available information from government records
Deidentified or aggregated consumer information
Information excluded from the CCPA’s scope, such as:
- Health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data
- Personal Information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994
Sources of Personal Information
We obtain the categories of Personal Information listed above from the following categories of sources:
Directly from You. For example, from the forms you complete on our Service, preferences you express or provide through our Service.
Indirectly from You. For example, from observing your activity on our Service.
Automatically from You. For example, through cookies We or our Service Providers set on your Device as you navigate through our Service.
From Service Providers. For example, third-party vendors to monitor and analyze the use of our Service, or other third-party vendors that We use to provide the Service to you.
Use of Personal Information for Business Purposes or Commercial Purposes
We may use or disclose Personal Information We collect for “business purposes” or “commercial purposes” (as defined under the CCPA), which may include the following examples:
To operate our Service and provide You with our Service.
To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our Service.
To fulfill or meet the reason you provided the information. For example, if you share your contact information to ask a question about our Service, We will use that Personal Information to respond to your inquiry.
To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
As described to you when collecting your Personal Information or as otherwise set forth in the CCPA.
For internal administrative and auditing purposes.
To detect security incidents and protect against malicious, deceptive, fraudulent or illegal activity, including, when necessary, to prosecute those responsible for such activities.
Please note that the examples provided above are illustrative and not intended to be exhaustive. For more details on how we use this information, please refer to the “Use of Your Personal Information” section.
Disclosure of Personal Information for Business Purposes or Commercial Purposes
We may use or disclose and may have used or disclosed in the last twelve (12) months the following categories of Personal Information for business or commercial purposes:
Category A: Identifiers
Category B: Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e))
Category F: Internet or other similar network activity
Please note that the categories listed above are those defined in the CCPA. This does not mean that all examples of that category of Personal Information were in fact disclosed, but reflects our good faith belief to the best of our knowledge that some of that information from the applicable category may be and may have been disclosed.
When We disclose Personal Information for a business purpose or a commercial purpose, We enter a contract that describes the purpose and requires the recipient to both keep that Personal Information confidential and not use it for any purpose except performing the contract.
Sale of Personal Information
As defined in the CCPA, “sell” and “sale” mean selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a consumer’s Personal Information by the business to a third party for valuable consideration. This means that We may have received some kind of benefit in return for sharing Personal Information, but not necessarily a monetary benefit.
Please note that the categories listed below are those defined in the CCPA. This does not mean that all examples of that category of Personal Information were in fact sold, but reflects our good faith belief to the best of our knowledge that some of that information from the applicable category may be and may have been shared for value in return.
We may sell and may have sold in the last twelve (12) months the following categories of Personal Information:
Category A: Identifiers
Category B: Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e))
Category F: Internet or other similar network activity
Share of Personal Information
We may share your Personal Information identified in the above categories with the following categories of third parties:
Our business partners
Third party vendors to whom you or your agents authorize Us to disclose your Personal Information in connection with products or services We provide to you
Sale of Personal Information of Minors Under 16 Years of Age
We do not sell the Personal Information of Consumers We actually know are less than 16 years of age, unless We receive affirmative authorization (the “right to opt-in”) from either the Consumer who is between 13 and 16 years of age, or the parent or guardian of a Consumer less than 13 years of age. Consumers who opt-in to the sale of Personal Information may opt-out of future sales at any time. To exercise the right to opt-out, you (or your authorized representative) may submit a request to Us by contacting Us.
If you have reason to believe that a child under the age of 13 (or 16) has provided Us with Personal Information, please contact Us with sufficient detail to enable Us to delete that information.
Your Rights under the CCPA
The CCPA provides California residents with specific rights regarding their Personal Information. If you are a resident of California, you have the following rights:
The right to notice. You have the right to be notified which categories of Personal Data are being collected and the purposes for which the Personal Information is being used.
The right to request. Under CCPA, you have the right to request that We disclose information to you about Our collection, use, sale, disclosure for business purposes and share of Personal Information. Once We receive and confirm your request, We will disclose to you:
- The categories of Personal Information We collected about you
- The categories of sources for the Personal Information We collected about you
- Our business or commercial purpose for collecting or selling that Personal Information
- The categories of third parties with whom We share that Personal Information
- The specific pieces of Personal Information We collected about you
- If we sold your Personal Information or disclosed your Personal Information for a business purpose, We will disclose to you:
- The categories of Personal Information categories sold
- The categories of Personal Information categories disclosed
The right to say no to the sale of Personal Information (opt-out). You have the right to direct Us to not sell your Personal Information. To submit an opt-out request please contact Us.
The right to delete Personal Information. You have the right to request the deletion of your Personal Information, subject to certain exceptions. Once We receive and confirm your request, We will delete (and direct Our Service Providers to delete) your Personal Information from our records, unless an exception applies. We may deny your deletion request if retaining the information is necessary for Us or Our Service Providers to:
- Complete the transaction for which We collected the Personal Information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
- Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
- Debug products to identify and repair errors that impair existing intended functionality.
- Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
- Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
- Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.
- Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with Us.
- Comply with a legal obligation.
- Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
The right not to be discriminated against. You have the right not to be discriminated against for exercising any of your consumer’s rights, including by:
- Denying goods or services to you
- Charging different prices or rates for goods or services, including the use of discounts or other benefits or imposing penalties
- Providing a different level or quality of goods or services to you
- Suggesting that you will receive a different price or rate for goods or services or a different level or quality of goods or services
Exercising Your CCPA Data Protection Rights
In order to exercise any of your rights under the CCPA, and if you are a California resident, you can contact Us:
By email: [email protected]
Only you, or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable request related to your Personal Information.
your request to Us must:
Provide sufficient information that allows Us to reasonably verify you are the person about whom We collected Personal Information or an authorized representative
Describe your request with sufficient detail that allows Us to properly understand, evaluate, and respond to it
We cannot respond to your request or provide you with the required information if we cannot:
Verify your identity or authority to make the request
And confirm that the Personal Information relates to you
We will disclose and deliver the required information free of charge within 45 days of receiving your verifiable request. The time period to provide the required information may be extended once by an additional 45 days when reasonable necessary and with prior notice.
Any disclosures We provide will only cover the 12-month period preceding the verifiable request’s receipt.
For data portability requests, We will select a format to provide your Personal Information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.
Do Not Sell My Personal Information
you have the right to opt-out of the sale of your Personal Information. Once We receive and confirm a verifiable consumer request from you, we will stop selling your Personal Information. To exercise your right to opt-out, please contact Us.
The Service Providers we partner with (for example, our analytics or advertising partners) may use technology on the Service that sells Personal Information as defined by the CCPA law. If you wish to opt out of the use of your Personal Information for interest-based advertising purposes and these potential sales as defined under CCPA law, you may do so by following the instructions below.
Please note that any opt out is specific to the browser you use. You may need to opt out on every browser that you use.
“Do Not Track” Policy as Required by California Online Privacy Protection Act (CalOPPA)
Our Service does not respond to Do Not Track signals.
However, some third-party websites do keep track of your browsing activities. If you are visiting such websites, you can set your preferences in your web browser to inform websites that you do not want to be tracked. You can enable or disable DNT by visiting the preferences or settings page of your web browser.
Your California Privacy Rights (California’s Shine the Light law)
Under California Civil Code Section 1798 (California’s Shine the Light law), California residents with an established business relationship with us can request information once a year about sharing their Personal Information with third parties for the third parties’ direct marketing purposes.
If you’d like to request more information under the California Shine the Light law, and if you are a California resident, you can contact Us using the contact information provided below.
HOW TO CONTACT US
You may address all communications by e-mail to [email protected]. Please include your name, address and phone number or e-mail in all communications and state clearly the nature of your request.
The materials on the Website are provided “as is” and could include technical, typographical, or photographic errors. Falcon’s makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Falcon’s does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Website or otherwise relating to such materials or on any sites linked to this Website. Falcon’s may make changes to the materials contained on its Website at any time without notice. Falcon’s does not, however, make any commitment to update the materials.
Any claim relating to Falcon’s Website shall be governed by the laws of the state of Florida without regard to conflict of law provisions.