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Privacy Policy

At The Counter®, we know that privacy is a major concern of visitors to our web site ("Site"). This policy describes the personal information we collect on our Site, how we use it, and when we share it with third parties. This policy applies only to personal information collected via this Site, and does not apply to personal information collected offline (such as information you may provide over the phone, via fax, or when visiting The Counter® restaurant or any other website).

By using this Site, you agree to this Privacy Policy and to the Terms and Conditions governing its use. If you have questions, comments or concerns about our Privacy Policy, please contact us at info@thecounterburger.com.

Please note that the headings contained in this Privacy Policy are inserted for convenience of reference only and shall not in any way define or affect the meaning, construction, or scope of any of the provisions contained in this Privacy Policy.

Our Business Structure
You know us as The Counter®. Our operating company is CB Franchise Systems, LLC. Throughout this policy and this Site we will make reference to The Counter® and/or the Company, which shall refer to CB Franchise Systems, LLC and/or one or more of their affiliated companies, as the case may be.

The Counter® name, design, logos and related marks are trademarks or registered trademarks of the Company. The Counter® restaurants are owned and operated either by the Company or by independent franchisees. The Company licenses independent franchisees to provide The Counter® products and services to the public. The Counter® assumes no responsibility for the privacy practices of our franchisees in their handling of your personal information they collect from you online or offline. If you have questions or concerns about the conduct of a The Counter® franchisee, please contact that franchisee directly. If you need assistance reaching a franchisee, please contact us at info@thecounterburger.com or see the For More Information section below.

Information We Collect and How We Use It
You do not have to provide any personal information to us in order to use our Site. You control how much or how little personal information you submit to us. You can send us your personal information in a variety of ways. If you communicate with us by email or through an online form on this Site, we will collect your name, email address, and the additional information that you provide. Online forms permit you to, among other things, subscribe to The Counter® e-zines, provide us feedback, and ask questions. Participating in some online services may require you to register. We use this information in the following ways:
  • To provide you with the information and/or services that you have requested, such as your request to receive The Counter® e-zines or to identify The Counter® restaurant near your home.
  • To enhance our customers' experiences in our restaurant and on our Site.
  • To measure the effectiveness of our online and offline marketing efforts and to develop products, services, and marketing programs. This analysis may include combining personal data drawn from online and offline sources.
  • We may use third party suppliers and service providers to facilitate our Site and may make personal information available to them to the extent necessary for them to host our Site or to provide other services to The Counter®. Whenever we do this, we require that our third party suppliers and service providers agree to maintain the confidentiality of the personal information we provide to them.


We do not sell or rent to third parties any of the personal information that consumers and investors provide to us online, but we may share your information with our affiliates, our The Counter® franchisees, and/or lenders to and/or investors in our company. Primarily, we share information with these third parties only to respond to your specific request or to obtain their advice on how to improve our business. We do not authorize third parties unaffiliated with The Counter® to make independent use of your information for their own purposes, such as for direct marketing.

Gift Cards
We use a third party service provider to facilitate the gift card service that we may make available to you. The information that you submit while placing a gift card order ("Gift Card Information"), including your name, address, email address, phone number and credit card information, is collected by our third party gift card service provider. The Counter® does not collect or store your Gift Card Information and will not share this information with other third parties. We require our gift card service provider to maintain the confidentiality of the Gift Card Information that you submit and to use the Gift Card Information only for purposes related to fulfilling and tracking your order, providing you with related customer service and for reporting purposes. Please review the privacy policy on the gift card service site for specific information. We also require our gift card service provider to maintain your Gift Card Information on a secure server and to use at least industry standard encryption technology and security procedures for all payment processing. Please also see the Links to Other Sites section below.

Franchise Inquiries
All information submitted to The Counter® on our Request for Consideration form is used only to assist in the screening of potential franchisees and will be kept confidential.

On the Request For Consideration form, we will collect your name, address, email address, other contact information, and certain financial information and qualifications information that you must enter on the form. By submitting this information, you agree that The Counter® may retain and use the information to respond to your inquiry, to evaluate you as a potential franchisee including consenting to allow us to conduct a background check on you including but not limited to credit history, criminal record and DMV records and to help us improve our franchise marketing efforts. Information on your online form will become part of any application for a franchise that you might later submit. We may disclose your personal information to our business units, agents, affiliates and to other third parties as part of our consideration of any subsequent franchise application. We do not authorize unaffiliated third parties to use your personal information for any purpose other than consideration of your application.

Company voice mail and/or electronic mail (e-mail) are to be used for legal business purposes only. The Company reserves the right to monitor voice mail messages and e-mail messages at any time to ensure compliance with this rule without notice to you. You do not have an expectation of privacy regarding your use of our voice mail system or email through our servers.

Contests
On occasion, The Counter® may conduct contests with the opportunity to win prizes. Each contest has its own terms and conditions ("Official Contest Rules"). As part of entering a contest on-line, certain personally identifiable information (such as name, address, phone number, etc.) may be required. This information will be used as described in the applicable Official Contest Rules.

Promotions
This Site may allow you to obtain various promotions offered by The Counter® which can be redeemed at any participating location in the United States during the dates specified on the particular coupon. To take advantage of the promotion(s), you must submit your zip code or restaurant location via an online form. This information will only be used to track the number of promotions being downloaded by zip code or restaurant in order to allow The Counter® restaurants to adequately plan for promotion redemption. There is no limit to the number of promotions you can obtain from this Site, however applicable terms and conditions appear on the coupon itself.

Job Application Information
We collect employment application information through this Site. You may also fax your résumé to The Counter® restaurant near you. We protect the confidentiality of such information, but this online Privacy Policy does not apply to such faxes because they occur offline.

Press Information
If you are a member of the press, The Counter® will collect your name and contact information in order to respond to your inquiry submitted on our Press Room web page. We may store your personal information and inquiries for future reference.

Site Usage Information
Like most web sites, this Site gathers traffic patterns, site usage information and other aggregated data in order to evaluate our visitors' preferences and the effectiveness of our Site. This aggregate usage data does not identify you individually. We may share anonymous, aggregated statistics about visitors to our Site with others outside our company, or we may allow third-parties to collect aggregate data through our Site. Our Site does not use web beacons.

Cookies
Cookies are small pieces of information stored by your browser on your computer’s hard drive, which do not contain personally identifying information. Most web browsers are set up to accept cookies; you can usually change your browser settings to refuse cookies.

The Counter® may set and access cookies on your computer to enhance your shopping experience on the Site, to allow you to navigate quickly, and to keep track of items when you shop online. If you choose to disable or refuse The Counter® cookies, you may not be able to access or use certain portions of the Site.

Other companies' use of their cookies is subject to their own privacy policies, not this one. Other companies do not have access to The Counter® cookies.

Children's Privacy
The Counter® recognizes the importance of protecting the privacy of children. We do not knowingly collect any personally identifiable information from children under the age of thirteen years. This Site is directed to adults at least eighteen years old, and when a user discloses personal information on this Site, the user is representing to us that he or she is an adult. If a child has provided this Site with personally identifiable information, we ask that a parent or guardian e-mail us at info@thecounterburger.com, and we will promptly delete the child's information from our records.

Security of Your Personal Information
The Counter® limits access to personal information about you to employees with a reasonable need to know in order to provide products or services to you.

We have physical, electronic, and procedural safeguards that comply with federal regulations to protect personal information about you. We use reasonable efforts to help keep your personal information secure. Any purchases that you make through the Site are actually made after you link to the secure servers of our payment partner, and your credit card information will not be available to us. Certain browsers will not permit communication through secure servers. If this is the case, you will not be able to place an order online. You will need to download a different browser or contact us at the address set forth below.

Secure Shopping
You can shop at TheCounterBurger.com with confidence. We have partnered with Authorize.Net, a leading payment gateway since 1996, to offer safe and secure credit card transactions for our customers.

The Authorize.Net Payment Gateway manages the complex routing of sensitive customer information through the credit card and electronic check processing networks (see an online payments diagram). The company adheres to strict industry standards for payment processing, including:

  • 128-bit Secure Sockets Layer (SSL) technology for secure Internet Protocol (IP) transactions.
  • Industry leading encryption hardware and software methods and security protocols to protect customer information.
  • Compliance with the Payment Card Industry (PCI) Data Security Standard.

For additional information regarding the privacy of your sensitive cardholder data, please read the Authorize.Net Privacy Policy.

Changes in Our Privacy Policy
We reserve the right to change our Privacy Policy from time to time — for example, by altering our policy on sharing personal information. Be sure to check this page periodically for updates.

Transfer of Assets or Business
In the event of a transfer or sale of some or all of our business or assets, The Counter® may disclose your personal information to those involved in such a transfer or sale of business or assets.

Changing Your Information
Moved? Changed e-mail addresses? If you need to update or verify your Personal Information, please contact us at info@thecounterburger.com. Upon request, The Counter® will remove your Personal Information from our active database as soon as reasonably possible, unless we need to retain information for dispute resolution, troubleshooting and other valid legal or business reasons. Please note that we will not remove your historical usage information.

Links to Other Sites
Our Site may provide links to web sites not operated by The Counter®. The Counter® assumes no responsibility for the privacy practices of these third-party sites. We encourage you to be aware of this when you leave our Site, and we recommend that you review the privacy policies of every web site that collects personally identifiable information from you. This Privacy Policy applies only to this Site.

Although we endeavor to open a new browser window when you click on a link to a third party site, The Counter® does not guarantee that you will receive this alert when you leave our Site. It is your responsibility to determine when you have left this Site.

Your California Privacy Rights
Beginning on January 1, 2005, California Civil Code Section 1798.83 permits customers of The Counter® who are California residents to request certain information regarding its disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an e-mail to info@thecounterburger.com or write us at: The Counter, 8571 Higuera Street, Culver City, CA 90232.

Governing Law
The Counter® controls and operates this Site in the United States of America. Our online privacy practices are governed by the laws of the United States and California, which may differ from privacy laws in your state or home country. By submitting your personal information to this Site, you consent to the transfer of your personal information to any country and its use and disclosure in accordance with U.S. federal and California law and with this Privacy Policy.

Language
This English-language Privacy Policy is The Counter's official statement of its online privacy practices. In case of any inconsistency between this English-language Privacy Policy and its translation into another language, this English-language document controls.

For More Information
If you have any questions regarding our Privacy Policy, please contact our agent:

Craig Albert
8571 Higuera Street
Culver City CA 90232
310 559 3355
craig@thecounterburger.com

© 2007 The Counter®. All Rights Reserved.
The Counter®, The Counter® logo, and other marks and logos are the intellectual property of The Counter®.