TERMS AND CONDITIONS

Eligibility

You may become a member of the Pluckers Club program by signing up via the Pluckers mobile app (“The Mobile App”). Members must be residents of the United States and at least 13 years of age.

Program Benefits

The current benefits for Members will be permanently advertised on the “Benefits” section of the Program’s Mobile App. The Program’s applicable benefits may be cancelled, discontinued or modified by Pluckers Wing Bar at any time without prior notice. Applicable benefits are redeemable only at participating Pluckers locations. Benefits may include:

  • Earning points from qualifying purchases, redeemable for food and non-alcoholic beverages.
  • Earn food rewards.
  • Get access to Members-only food and drink specials.
  • Receive Invitations to special events and/or restaurant openings.
  • Receive program information via e-mail and/or push notification messages.

Members earn points per each dollar ($1) spent on qualifying purchases at participating Pluckers Wing Bar restaurants in the United States. The number of points a member will earn with each qualifying purchase may vary depending on their specific membership level and on current reward rules and promotions.

Qualifying purchases must be made presenting the Pluckers Club Mobile App in order to be eligible to earn points and/or rewards. Points are awarded on net purchases (food/drink/merchandise purchases, excluding tax and gratuity). Members may not earn points from i) Gratuities paid, ii) Alcohol purchases, iii) Rewarded food items. Points also cannot be used to pay for gratuities. Points are not earned when paying with a gift card. Earning points is limited to one Member per check. For every 100 (one-hundred) points accumulated, member will have the right to redeem them for $10.00 (Ten dollars 00/100) in food and non-alcoholic drinks at participating Pluckers Wing Bar locations. Points may not be redeemed in the same purchase in which they were earned or cash back will not be given for purchases paid with points. Points may only be earned or redeemed by member for items purchased for their own consumption. Points may not be earned or redeemed by any third party including, but not limited to, online delivery companies such as Uber Eats, Door Dash, Favor, etc.

Points are issued for promotional purposes only when qualifying purchases are made, have no fixed value, cannot be redeemed for cash and may not be transferred or assigned in any manner to any other individual, trust, or estate. Members may be asked to present a photo ID to redeem points at participating Pluckers Wing Bar restaurants. The transfer of points or other program benefits for value (whether by sale or exchange of goods or services) by a Member is prohibited. Any points, coupons or benefits that Pluckers Wing Bar deems in its sole discretion to have been sold, transferred or assigned in violation of these terms and conditions may be canceled or confiscated without notification. Pluckers Wing Bar reserves the right to cancel any member’s point balance if member’s account has shown no activity over a period of 18 months or more.

Purchases paid with points, gift cards, and/or dollar-discount coupons will not earn points except to the extent that the purchase amount exceeds the amount paid with such points. Points issued under the program may be subject to tax liability. Any tax liability, including disclosure, connected with the receipt or use of points is the sole responsibility of the Member. Purchases made prior to the member’s enrollment in the program are not eligible to earn points. Pluckers Wing Bar must be notified of any account discrepancies within the calendar month in which the transaction occurred, after which no adjustments will be performed.


Privacy and Confidentiality

Collection of Information Provided by Member

We collect information you provide directly to us. For example, we collect information when you register for our Pluckers Club program, communicate with us via third party social media sites, order physical or digital gift cards, request customer service, apply for a job or otherwise communicate with us through the Service.

The types of information we may collect include Personal Information. "Personal Information" is information that can be used to identify you (whether alone or in combination), such as your first and last name, e-mail address, zip code, phone number, payment card information, social media account information, birth date, demographic information, personal interests, favorite sports teams, hobbies, education, and occupation.

You may choose to voluntarily submit certain other information to us through the Service, including Personal Information, but you are solely responsible for your own Personal Information in instances where we have not collected such information or requested that you submit such information to us.

Automatic Information Collection

We and our service providers automatically collect certain information about you when you access or use our Service. This information may include, without limitation, demographic information; IP address; browser/device/hardware type; operating system characteristics; information about your use of our Service; and data regarding network connected hardware (e.g., computer or mobile device), such as unique device identifiers, type, model, version, MAC address, device or session ID, error related data status, capability, confirmation, functionality, performance data, and connection type. This information may also include clickstream data, which is information about the page-by-page paths you take as you browse through the Service.

This information is gathered by certain tools and methods such as:

  • Log Information: We collect information about your use of our Service, such as the type of browser you use, access times, pages viewed, your IP address and the referring link through which you accessed our Service.

  • Information Collected by Cookies and Other Tracking Technologies: We, or our third party providers, may use cookies, web beacons (also known as "tracking pixels"), embedded scripts, location-identifying technologies, in-app tracking methods, and other tracking technologies to collect information about you when you interact with our Service or e-mails, including information about your browsing and purchasing behavior. We may combine this information with other information we collect about you and use it for various purposes, such as improving our Service and your online experience, understanding which areas and features of our Service are popular, counting visits, understanding campaign effectiveness, tailoring our communications with you, determining whether an e-mail has been opened and/or links within the e-mail have been clicked, and for other internal business purposes.

  • Cookies: Cookies are data files that are placed on a computer when it is used to visit a website. These cookies may be used for many purposes, including, without limitation, tracking user preferences or web pages visited while using our Service. Most web browsers are set to accept cookies by default. If you prefer, you can usually set your browser to remove or reject cookies. Please note that if you choose to remove or reject cookies, this could affect the availability and functionality of our Service. For example, cookies allow us to store items in your cart between visits. In addition, please be aware that if you choose to block cookies, some advertising preferences that are dependent on cookies may not be able to be respected.

  • Web Beacons: We may include small graphic images called web beacons, also known as "Internet tags" or "clear gifs," in our web pages and e-mail messages. We may use web beacons or similar technologies for a number of purposes, including, without limitation, to count the number of visitors to our Service, to monitor how users navigate the Service, and to count how many e-mails that we sent were actually opened or how many particular articles or links were actually viewed.

  • Embedded Scripts: An embedded script is programming code that is designed to collect information about your interactions with the Service. It is temporarily downloaded onto your computer from our web server or a third party with whom we work, is active only while you are connected to the Service, and is deleted or deactivated thereafter.

  • Location-identifying Technologies: We and our third party service providers may use GPS (global positioning systems) software and other location-based technologies to locate you so we may verify your location, and deliver relevant content to you based on your location.

  • In-App Tracking Methods: There are a variety of tracking technologies that may be included in mobile applications, and these are not browser-based like cookies and cannot be controlled by browser settings. Some use device identifiers, or other identifiers such as “Ad IDs” to associate app user activity to a particular app.

Information we automatically collect about you, such as how you interact with our Service, may be combined with your Personal Information. If we associate any such automatically-collected information with Personal Information about you, we will treat the combined information as Personal Information.

We and our business partners and other third parties may send you product promotions that are aligned with your purchase trends and/or interests identified through automatically-collected information.

Information Purposes

We may use information about you for various purposes. Primary purposes for use of information include:

  • Facilitate, personalize, and improve your online or app experience;
  • Process your registration with our Service, including verifying that your e-mail address(es) are active and valid and enrolling you the Pluckers Club Program;
  • Manage your profile(s) and online account(s), including purchases, orders, payments, returns, exchanges, and locations visited;
  • Process and deliver Pluckers Club points, contests, promotions, special invitations, and survey entries and rewards;
  • Respond to your comments, questions and requests and provide customer service;
  • Send you technical notices, updates, security alerts and support and administrative messages;
  • Contact you regarding your use of our Service and, in our discretion, changes to our policies; and
  • Prevent fraudulent transactions and monitor against threats.

In addition, there may be secondary purposes for use of information, such as to:

  • Create a site usage profile of your preferences and provide advertisements, content or features that match your profile and interests;
  • Communicate with you about products, services, offers, promotions, rewards and events and provide news and information we think will be of interest to you (for information about how to manage these communications, please see your Push Notifications options within the app);
  • Monitor and analyze trends, usage and activities;
  • Link or combine with information we get from others to help understand your needs and provide you with better service;
  • Improve our Service and other Pluckers websites, applications, marketing efforts, products and services;
  • Conduct research and analysis, including focus groups and surveys, on our Service and other Pluckers websites, applications, products and services;
  • Carry out any other purpose disclosed elsewhere in this Privacy Policy or at the time you provide your Personal Information; and
  • Any other purpose, with your consent or as permitted or required by applicable law.

Whether a use is primary or secondary may change over time. Some of the information we collect for primary purposes may be used for secondary purposes.


Information Sharing

Our agents, vendors, consultants, and other service providers have access to Personal Information to carry out work on our behalf. These third party service providers are prohibited from using your Personal Information for any purpose other than to provide this assistance, and they must provide protections to your Personal Information that are no less protective than those set out in this Privacy Policy. Pluckers is not liable for the acts or omissions of these third party service providers except to the extent required by applicable law.
We may share information about you for various purposes. Primary purposes for sharing of information include:

  • To the maximum extent permitted by applicable law, in response to (i) subpoenas or other legal process or if in our good faith opinion such disclosure is required or permitted by law; and/or (ii) at the request of governmental authorities conducting an investigation;
  • To defend the Terms & Conditions or other policies applicable to our Service;
  • If we believe your actions are inconsistent with our user agreements or policies, or to protect the rights, property, life, health, security and safety of us or any third party;
  • To the maximum extent permitted by applicable law, we may also use IP addresses, mobile device identifiers or any other information we collect to identify users, and may do so in cooperation with copyright owners, Internet service providers, wireless service providers or law enforcement agencies in our discretion. Such disclosures may be carried out without notice to you;
  • With our service providers for purposes of managing and fulfilling your product purchases and Pluckers Club Program points.
  • With our service providers to verify your address in order to ensure we maintain the accuracy of our database;
  • With our affiliates for internal business purposes (including but not limited to managing your Pluckers Club accounts); and
  • In connection with, or during negotiations of, any proposed or actual merger, purchase, sale (including a liquidation, realization, foreclosure or repossession), lease, amalgamation or any other type of acquisition of all or any portion of Pluckers assets, financing, disposal, conveyance or transfer of all or a portion of our business to another company.

In addition, there may be secondary purposes for sharing of information, such as:

  • For a purpose disclosed elsewhere in this Privacy Policy, or at the time you provide your Personal Information; and
  • With your consent or at your direction or as required or permitted by applicable law.

Whether sharing is primary or secondary may change over time. Some of the information we share under primary purposes may be shared for secondary purposes.

In our sole discretion, we may also share aggregated or de-identified information that cannot reasonably be used to identify you with third parties or affiliates.

Information Disclosed Publicly or to Others by Member

The Service may permit you to submit ideas, photographs, user profiles, writings, music, video, audio recordings, computer graphics, pictures, data, questions, comments, suggestions or other content, including Personal Information (collectively, “User Content”), such as on guest experience surveys or blogs, and in association with your account and user profile. We or others may store, display, reproduce, publish, distribute or otherwise use User Content online or offline in any media or format (currently existing or hereafter developed) and may or may not attribute it to you. Others may have access to this User Content and may have the ability to share it with third parties. Please think carefully before deciding what information you share, including Personal Information, in connection with your User Content. Please note that Pluckers does not control who will have access to the information that you choose to make public, and cannot ensure that parties who have access to such publicly available information will respect your privacy or keep it secure. We are not responsible for the privacy or security of any information that you make publicly available on the Service or what others do with information you share with them on the Service. We are not responsible for the accuracy, use or misuse of any User Content that you disclose or receive from third parties through the Service. We are not responsible for User Content you submit to third party services via our Service.


Pluckers Club, Contests and Surveys

We may offer you the opportunity to participate in our Pluckers Club Program, contests, surveys, and other promotions (each, a “Promotion”) that may require registration or for you to submit Personal Information through the Service. Participation in these Promotions is completely voluntary. If you choose to enter a Promotion, your Personal Information may be disclosed to third parties in connection with the administration of such Promotion, such as in connection with winner selection, prize fulfilment, and as required by law, such as on a winners list. By entering a Promotion, you are agreeing to the official rules that govern that Promotion, which may contain specific requirements of you, including, except where prohibited by law, allowing the sponsor and/or other parties to use your name, voice and/or likeness in advertising or marketing materials. Pluckers may offer opportunities to enter a Promotion or other feature that we offer jointly with a third party. As a result of your participation in such feature, your information may be shared with the third party that is jointly offering the feature, which will be disclosed at the time your information is collected.


Third-Party Social Media Services Features

Certain functionality on the Service is specifically designed to permit interactions that you initiate between the Service and third party websites or services, including third party social networks (“Social Features”). Examples of Social Features include enabling you to transmit content to the Service from your account on a third party website or service; to “like” or “share” our Service content to other websites or services; to log-in to the Service using your username and password for a third party site or service; and to otherwise connect our Service to a third party website or service.

If you choose to use Social Features, information you post or provide access to, including User Content, may be publicly displayed on our Service or by the provider of the Social Feature that you use. Similarly, if you post information on a third party platform that references our Service (e.g., by using a hashtag associated with Pluckers in a tweet or status update), your post may be published on our Service in accordance with the terms of the third party website or service. Also, both Pluckers and the third party may have access to certain information about you and your use of our Service and the third party site or service. In addition, we may receive information about you if other users of a third party website give us access to their profiles and you are one of their “connections,” or information about you is otherwise accessible through your “connections” web pages, profile pages, or similar pages on a social networking or other third party website or interactive service.

The information we collect in connection with Social Features is subject to this Privacy Policy. The information collected and stored by the third parties remains subject to those third parties’ privacy practices, including whether the third parties continue to share information with us, the types of information shared, and your choices with regard to what is visible to others on those third party websites or services.


Refer-a-Friend

You may use a referral feature to inform a friend about our services. Pluckers may use any e-mail address provided when using this referral feature to send a single e-mail to such designated recipients about products, services, offers, promotions, rewards and events and provide news and information we think will be of interest to such designated recipients. By using a referral feature, you represent that you and your friend are United States citizens and that you have permission to provide your friend’s email address. Pluckers will not be responsible for the accuracy of the information you provide.


Third-Party Websites

The Service contains hyperlinks to other websites or locations that we do not control and are operated and controlled by third parties ("Third Party Websites"). We make no representations regarding the policies or business practices of such Third Party Websites and encourage you to familiarize yourself with their privacy policies before providing them with your Personal Information. Our Privacy Policy does not apply to these Third Party Websites. You should read the privacy policy of each Third Party Website as these Third Party Websites may use their own cookies, web beacons and other technology to independently collect information about you. In addition, these Third Party Websites may solicit Personal Information from you.


Profile Information Provided by Member

You are responsible for maintaining the accuracy of the information you submit to us, such as your contact information provided as part of registration. The Service may allow you to access, review, correct, update, and remove or make inaccessible Personal Information you have provided through the Service’s registration or otherwise, and you may provide registration updates and changes by logging into your Pluckers Club account, or contacting us by phone, e-mail, or postal mail at 811 Barton Springs Rd., Suite 600 Austin, TX 78704

With respect to our mobile and other applications, you can prospectively stop all collection of information by the application by uninstalling the application. Also, you may at any time opt out from further allowing us to have access to your location data by adjusting the permissions in your mobile device.

We will make good faith efforts to make requested changes in our then-active databases as soon as reasonably practicable (but we may retain prior information as business records). Please note that it is not always possible to completely remove or delete all of your information from our databases and that residual data may remain on backup media or for other reasons. Also, if you have made any public postings on the Service such as in forums or blogs, these communications cannot generally be removed.


Promotional Communication

You can opt out of receiving promotional e-mail communications from us at any time by following the instructions provided in those communications or e-mail us at pluckers@pluckersclub.com.

Please note that even if you opt out of receiving promotional communications, we may continue to send you non-promotional e-mails and other types of communications, as permitted by law, such as those about our ongoing business relations.

Pluckers mobile applications may send you notifications that may include alerts, sounds, and icon badges. These push notifications or in-app messages may include both operational messages and promotional messages regarding products, services and offers that may be of interest to you. Push notifications can be configured in settings on your mobile device. As with e-mails, even if you opt out of receiving promotional communications, we may continue to send you non-promotional push notifications, such as those about your use of the applications or our ongoing business relations.


Children

Our Service is not intended for and is not targeted to children under the age of thirteen (13). If you are a child under the age of thirteen (13), you are not permitted to use the Service and should not send any information about yourself to us through the Service.

We do not knowingly collect any personal information from children under the age of 13 and, if we learn that we have received information from a user under the age of 13, we will delete this information in accordance with the Children’s Online Privacy Protection Act (“COPPA”). If you are a parent or guardian and you believe that your child under the age of thirteen (13) has provided us with personal information without COPPA-required consent, please contact us by e-mail at pluckers@pluckersclub.com.


Data Security

We take reasonable measures to help protect information about you from loss, theft, misuse and unauthorized access, disclosure, alteration and destruction. Although Pluckers uses reasonable efforts to help protect your information, transmission via the Internet is not completely secure and Pluckers cannot guarantee the security of your information collected through our Service. Further, you are responsible for protecting your password.


Changes to This Privacy Policy

This Privacy Policy is current as of the effective date set forth above. Pluckers reserves the right to change this privacy policy from time to time consistent with applicable privacy laws and principles. If we make changes to this Privacy Policy we will notify you by revising the date at the top of this Privacy Policy, and in some cases, we may provide you with additional notice (such as adding a statement to the homepages of our Service or sending you an e-mail notification). If the changes are material, we may provide you additional notice.


Contact Us

If you have any questions, complaints, or suggestions regarding this Privacy Policy, please feel free to contact us by phone, e-mail, or postal mail as detailed here.


General Terms and Limitations

The Program is valid only at participating Pluckers Wing Bar restaurants in the United States. Membership is non-transferable. Members must check these Terms and Conditions and the Mobile App “Benefits” section for changes each time they intend to interact with the program. By enrolling in the Program, the Member agrees to the terms and conditions, rules, regulations, policies, and procedures of the program, as may be in force and changed at any time without notice. Each Member is responsible for remaining knowledgeable as to the Terms and Conditions. If member disagrees with any part of the Terms and Conditions member may not use the program in any way. Use of the program by a Member constitutes acceptance of all published Program Terms and Conditions. The Program is not available for employees of Pluckers Wing Bar, its affiliates or subsidiaries. Pluckers Wing Bar reserves the right to terminate or suspend any Member’s membership from the program at its sole discretion. Pluckers Wing Bar reserves the right to void points or otherwise disqualify Members who have violated any of the Terms and Conditions of this program. Pluckers Wing Bar further reserves the right to modify or terminate this program, its terms and conditions, or any portion of the program at any time at its sole discretion without prior written notice. Pluckers Wing Bar also reserves the right to change the amount of points to be granted for purchases at its sole discretion without prior written notice. All offers are void where prohibited by law.


UPDATE PROFILE


OK