Number 15 Privacy Policy

PRIVACY POLICYNUMBER THIRTY EIGHT’S PRIVACY POLICY Last Modified: April 7, 2021 The Numbers Holding Company d/b/a Number Thirty Eight (collectively, “Number Thirty Eight,” “Company,” or “We”) respect your privacy and are committed to protecting it through our compliance with this privacy policy (the “Policy”). Number Thirty Eight owns and operates a website and related websites, including sub-domains, widgets, mobile versions, and other related domains (collectively, the “Website”), as well as various Facebook, Instagram, YouTube and Twitter pages and/or groups associated with Number Thirty Eight (“Social Media”), and has a physical location at 3560 Chestnut Place, Denver CO, 80216 featuring a taproom, kitchen, and outdoor venue (collectively, the “Services”). This Privacy Policy applies when you utilize any of these Services and applies to personal information we may otherwise collect: (i) through our products and/or services; (ii) when you interact with us by means other than the Services, for example, in person or by telephone; and (iii) from our customers, distributors, suppliers, vendors, and other business partners (collectively “Business Partners”). This policy covers: 1) What information we collect; 2) How we collect the information; 3) What your rights are; 4) How to opt-out; 5) When your information is shared, and 6) How to know when the policy is updated. It is Number Thirty Eight’s policy to comply with all applicable privacy and data protection laws. This commitment reflects the value we place on earning and keeping the trust of our customers, business partners, and others who share their personal information with us. Our Privacy Policy does not apply to the information we receive from the third-party websites, mobile apps and other digital products that use our Services. The Privacy Policy also does not apply to websites maintained by other companies or organizations to which we may link or who may link to us. You should consult the relevant privacy policies on the websites affiliated with those companies or organizations to find out more about their privacy practices and your related choices. We are not responsible for the actions and privacy policies of third-party websites. BY USING OUR SERVICES, YOU ARE ACCEPTING THE PRACTICES DESCRIBED IN OUR PRIVACY POLICY, INCLUDING OUR USE OF COOKIES AND SIMILAR ONLINE TOOLS. We may change this Privacy Policy to accommodate changes to our Services, new technologies or industry practices, updated regulatory or legal requirements, or for other purposes. We reserve the right to modify or amend the terms of this Privacy Policy from time to time without notice. Your continued use of our Services following the posting of changes to these terms will mean you accept those changes. If we intend to apply the modifications or amendments to this Privacy Policy retroactively or to personal information already in our possession, we will provide you with notice of the modifications or amendments and seek your consent for such use. Notices may be emailed to the most recent email address you provided us, by posting notice of such change on the Website, or by other communication channels. You consent to receiving notices in these ways. We reserve the right to determine the form and means of providing notifications to you, consistent with applicable law. We value your trust and strive to safeguard any personally identifiable information (“PII”) that you may share with us. PII is information that can be used on its own or with other information to identify, contact, or locate an individual. To the extent required by applicable law, whenever the Company collects personal information, we will: provide timely and appropriate notice to you about our data practices through this Privacy Policy; collect your personal information only for specified and legitimate purposes. The information we collect will be relevant, adequate and not excessive for the purposes for which it is collected; process your personal information in a manner consistent with the purposes for which it was originally collected or to which you have subsequently consented; take commercially reasonable steps to ensure that your personal information is reliable for its intended use, accurate, complete, and, where necessary, kept up-to-date; not use your personal information for direct marketing purposes without giving you an opportunity to “opt-out”; and take appropriate measures, by contract or otherwise, to provide adequate protection for personal information that is disclosed to a third party or transferred to another country, including transfers within the Company. 1) What types of information we collect: A. Information You Providei. Contact information, such as your name, company name, job title, address, e-mail address, phone number, gender, date of birth, and social media usernames or handles;ii. Additional information about how you use our products or services;iii. Transaction information such as credit card number and payment information.iv. Comments, questions, requests and orders you may make;v. Financial information needed to process payments if you make purchases, such as credit card or account information or tax identification number;vi. Information about your preferences, such as your preferred methods of communication and the types of products and services in which you are interested, andvii. Any other information you voluntarily provide.B. Information Gathered from Other Sources i. Device and browser information. The Company may collect technical information about your device, such as device type, browser type, IP address, operating system, and device identifier. The Company may collect this information automatically from your device and web browser through cookies and similar technologies.ii. Information about how you interact with us. The Company may collect technical data about your usage of the Website and how you interact with the Website, such as content viewed or downloaded, features used, links clicked, and dates and times of interactions. The Company may collect this information using cookies and similar technologies.iii. Location information. The Company may collect location information, including precise real-time location information from your device and imprecise location information derived from, for example, your IP address or postal code.iv. Usage, viewing, logs, metrics and other device and technical data may be collected when you visit our Website or the App, utilize our Services as an end user, or open or reply to emails we send. Usage information could include the time, date, and duration of your use of our Services; your interaction with content offered through the Services, and any referring websites. Device information may include information such as your web request, Internet Protocol (“IP”) address, device identifiers, device information (such as type and model, operating system type, browser type, language, and settings), mobile ad identifiers, cookie IDs, referring / exit pages and URLs, interaction information (such as clickstream data), domain names, pages viewed, software crash data, and other similar technical data. Our servers may automatically keep an activity log of your use of the Services.v. Information collected from third party or public or commercially available sources or that we receive from companies that partner with us to provide products and Services may be collected. This may include information we receive from our advertising and market research partners, who may provide us with information about your interest in and engagement with our online advertisements. When you interact with our Social Media, we may collect the personal information that you make available to us on that page or account, including your social media account ID. We will comply with the privacy policies of the social media platform and we will only collect and store such personal information that we are permitted to collect by those social media platforms. With your consent, we also may share information about your activities, including what you view on our websites, with that social network’s We may use the information from one aspect of the Services for other aspects of Services and we may combine information gathered from multiple aspects of the Services into a single user record. We also may use or combine information that we collect offline or we collect or receive from third-party sources for many reasons, including to enhance, expand, and check the accuracy of our records. Additionally, data collected from a particular computer, browser or device may be used with another computer, browser or device that is linked to the computer, browser or device on which such data was collected. We also use anonymous information, such as usage data and aggregated data, for other lawful purposes, such as to create content that others may find useful.vii. Cookies. We may use both session cookies and persistent cookies on this site. A cookie is a small text file that is stored on a user’s computer for record-keeping purposes. We may link the information we store in cookies to your personal information in order to provide a faster and more pleasant online experience. You can refuse cookies by turning them off in your browser. If you've set your browser to warn you before accepting cookies, you will receive the warning message with each cookie. You do not need to have cookies turned on to use this site. If you reject cookies, you may still use our site, but your ability to use some areas of our site will be limited. We may use session cookies to make it easier for you to navigate our site. We use session cookies to record session information, such as which web pages a user has visited, and to track user activity on the site. Session cookies expire when you close your browser. We also may use persistent cookies to track and target the interests of our users to enhance the experience on our site. Persistent cookies remain on your hard drive for an extended period of time. You can remove persistent cookies by following directions provided in your browser’s “help” file. For more information about cookies, including how to see what cookies have been set on your device and how to manage and delete them, visit viii. Web Beacons. Web beacons (also called “web tags” or “pixels”) are tiny graphics or scripts that communicate information from your device to a server. Beacons can be embedded in online or mobile content, videos, advertisements, or emails. They allow a server to read certain types of information from your device, such as when you viewed the beacon (and thus the content in which it is embedded) and the IP address of the device on which you viewed the beacon. We and third parties use beacons for a variety of purposes, including to analyze the use of our Services and (in conjunction with cookies) to provide content and ads that are more relevant to you.ix. SDKs. SDKs are third-party computer code that we may incorporate into our mobile applications that may be used for a variety of purposes, including to provide us with analytics regarding the use of our mobile applications, to integrate with social media, add features or functionality to our app, or to facilitate online advertising.x. Analytics. The Website uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses cookies. Google will use this information for the purpose of evaluating your use of the Website, compiling reports on website activity for website operators, and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf. You may refuse the use of cookies by selecting the appropriate settings on your browser, but please note that if you do this you may not be able to use the full functionality of this website. By using this Website, you consent to the processing of data about you by Google in the manner and for the purposes set out above. To opt out of being tracked by Google Analytics across all websites, visit How is this information collected? This information may be collected when you fill out a form, create a reservation, check in at one of our physical locations, individually or as part of a group, pay for items, provide identification, access our website, participate on our site, respond to customer surveys, or otherwise interact with us, such as through social media or networking sites. 3) What are your rights? Your Legal Rights. Under certain circumstances, you may have rights under data protection laws in relation to your personal data, including the right to: i. request access to your personal data; ii. request correction to your personal data; iii. request erasure of your personal data; iv. object to processing of your personal data; v. request restriction of processing your personal data; vi. request transfer of your personal data; and vii. withdraw your consent. If you wish to exercise any of your rights listed above, please contact us at your request. We try to respond to all legitimate requests in a timely manner. Occasionally, it may take an extended period of time (a month or longer) to respond to your request if your request is complex or if you have a number of requests. Privacy of Children We do not intentionally collect personally identifiable information from users of this site who are under the age of thirteen without parental consent. If we become aware that a user of the site is under the age of 13 we will remove that child’s personal information from our files, in accordance with the federal Children's Online Privacy Protection Act of 1998. California Privacy Rights Under California's "Shine the Light" law, California residents who provide personal information in obtaining products or services for personal, family or household use are entitled to request and obtain from us, once per calendar year, information about the customer Information we shared, if any, with other businesses for their own direct marketing uses. If applicable, this information would include the categories of customer information and the names and addresses of those businesses with which we shared customer information for the immediately prior calendar year (e.g. requests made in 2021 will receive information regarding 2020 sharing activities). To obtain this information from us, please contact us at the following email address: and write “Request for California Privacy Information” for the subject of your message. We will send you a reply e-mail containing the requested information once we confirm your request. Not all information sharing is covered by the “Shine the Light” requirements and only that information which is covered will be included in our response. Non-U.S. Residents Non-U.S. residents should be advised that their personal data, including order information, may be transferred outside of their country of origin to Canada and to the United States, and may be transferred to a third-party data processer. All information is appropriately safeguarded and is in compliance with all applicable guidelines. By using these Services you consent to the transfer of your personal data, including order information, to third party data processers located outside of your country of origin. 4) How to Opt-Out. If you do not wish to receive promotional information from us, you may opt out of receiving such communications. Correcting and Updating Account Information. By logging into your account or using our Services, you may be able to change certain account information. Your account settings may also permit you to opt-out of some types of notification messages. To protect your privacy and security, we require your username and password in order to verify your identity before granting account access or making changes. Turning Off Cookies. Most web browsers automatically accept cookies, but also usually allow you to modify your settings to disable or reject cookies, including cookies for interest-based advertising. If you delete your cookies or if you set your web browser to decline cookies, however, some features of the Services may not work or may not work as designed. You can usually find these settings in the Options or Preferences menu of your browser; links to instructions provided by several of the most common browsers are below. You can also learn more at • Cookie settings in Google Chrome• Cookie settings in Firefox• Cookie settings in Internet Explorer• Cookie settings in Safari web and iOS.Opting Out of Targeted Advertising. Many of the third-party advertisers that use tracking or targeting tools in connection with our Services either directly, or are members of programs that, offer you additional choices regarding the collection and use of your information. You can learn more about the options available to limit these participating third parties’ collection and use of your information by visiting their websites: • Opt Out of Interest Based Advertising (National Advertising Initiative)• Your Ad Choices (Digital Advertising Alliance)• Your Online Choices (European Interactive Digital Advertising Alliance)• Users of our mobile apps may opt out of receiving targeted advertising in mobile apps through participating members of the Digital Advertising Alliance by installing the AppChoices mobile app, available here, and selecting the user’s choices.Social Media Settings. If you interact with any Number Thirty Eight page or account on a social media platform, you may have the ability to limit the information that we may obtain from the social media platform by controlling your settings for the particular platform. For example, you may access and change your settings through the Facebook settings page for Apps and Websites. If you withdraw our ability to access certain information from a social media platform, that choice will not apply to information that we have already received from that platform. Using Privacy Plug-ins or Browsers.You can block our websites from setting cookies used for interest-based ads by using a browser with privacy features, like Brave, or installing browser plugins like Privacy Badger, Ghostery or uBlock Origin, and configuring them to block third party cookies/trackers. Do Not Track. Do Not Track is a privacy preference that users can set in their web browsers. When a user turns on the Do Not Track signal, the browser sends a message to websites requesting them not to track the user. We currently do not respond to “Do Not Track” or similar signals. For information about Do Not Track, visit 5) Will My Personal Information Be Disclosed to Third Parties? We may disclose aggregated, non-personal information about our users without restriction. We may disclose personal information that we collect or you provide as described in this privacy policy: i. To trusted third parties that have agreed to keep this information confidential;ii. To a buyer or other successor of our business in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of our assets or business, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information held by us about our Website users is among the assets transferred;iii. To comply with any court order, law or legal process, including to respond to any government or regulatory request;iv. If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Number Thirty Eight, our customers or others;v. To fulfill the purpose for which you provide it, for example, to aid in providing the Services, such as creating an account or booking tickets to an outdoor venue event;vi. For any other purpose disclosed by us when you provide the information; orvii. With your consent.We may also use your information, including your name and email address, for direct marketing emails to you and to contact you about goods and services that may be of interest to you, as we consider ourselves to have a legitimate interest in doing so. We make sure to consider and balance any potential impact on you and your rights before we process your personal data for our legitimate interests and do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to do so by law). Note that we may process your personal information for more than one lawful ground depending upon the specific purpose for which we are using the data. We will retain your personal data for only as long as necessary to fulfill the purposes we collected it for. You may opt out of having your information shared with entities working on our behalf, as discussed below. Although you can opt out of promotional messages, we reserve the right to send you informational email messages about any administrative notices regarding the Site, as permitted under the CAN-SPAM Act (15 U.S.C. §7701 et seq.). Third Party Sites This Privacy Policy applies only to information collected by this Website. From time to time, this Website may link you to other sites (“Linked Sites”) that are not owned by Number Thirty Eight. We do not control the collection or use of any information, including personally identifying information, which occurs during your visit to the Linked Sites. Further, we make no representations about the privacy policies or practices of the Linked Sites, and Number Thirty Eight is not responsible for the privacy practices of these Linked Sites. Be careful of disclosing any of your personally identifiable information when leaving our Website. We encourage you to be aware when you leave our Site and to read the privacy statements of each and every website that collects personally identifiable information. 6) How Will I Know When This Privacy Policy Is Updated? We may amend this Policy from time-to-time. We suggest you visit this Website periodically to determine whether or not any such changes have been made. Any changes or updates to the Policy are effective immediately upon posting to the Website and your continued use of the Services after we make changes is deemed to be acceptance of those changes. The date the privacy policy was last revised is identified at the bottom of this page. Contact Information If you have questions or comments or would like to contact us concerning our Privacy Policy or if you feel your inquiry or request has not been handled to your satisfaction, please contact Number Thirty Eight via e-mail at: Privacy policy last revised April 7, 2021.