Privacy Policy

Early Bird Privacy Policy

Last modified: 9/8/2025

Introduction

Early Bird (“Company” or “We”) respect your privacy and are committed to protecting it through our compliance with this policy.

This policy describes the types of information we may collect from you or that you may provide when you visit the website earlybirdbrunch.com (our “Website“) and our practices for collecting, using, maintaining, protecting, and disclosing that information.

This policy applies to information we collect:

On this Website.
In email, text, and other electronic messages between you and this Website.
Through mobile and desktop applications you download from this Website, which provide dedicated non-browser-based interaction between you and this Website.
When you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this policy.

It does not apply to information collected by:

Us offline or through any other means, including on any other website operated by Company or any third party; or
Any third party, including through any application or content (including advertising) that may link to or be accessible from or through the Website.

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Website. By accessing or using this Website, you agree to this privacy policy. This policy may change from time to time (see [Changes to Our Privacy Policy]). Your continued use of this Website after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.

Children Under the Age of 16

Our Website is not intended for children under 16 years of age. No one under age 16 may provide any personal information to or on the Website. We do not knowingly collect personal information from children under 16. If you are under 16, do not use or provide any information on this Website or through any of its features, register on the Website, make any purchases through the Website, use any of the interactive or public comment features of this Website, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 16 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 16, please contact us at info@earlybirdbrunch.com.

California residents under 16 years of age may have additional rights regarding the collection and sale of their personal information. Please see [Your State Privacy Rights] for more information.

Information We Collect About You and How We Collect It

We collect several types of information from and about users of our Website, including information:

By which you may be personally identified, such as name, postal address, email address, telephone number, and any other identifier by which you may be contacted online or offline (“personal information“);
That is about you but individually does not identify you, and/or
About your internet connection, the equipment you use to access our Website, and usage details.

We collect this information:

Directly from you when you provide it to us.
Automatically as you navigate through the site. Information collected automatically may include usage details, IP addresses, and information collected through cookies, web beacons, and other tracking technologies.
From third parties, for example, our business partners.

Information You Provide to Us

The information we collect on or through our Website may include:

Information that you provide by filling in forms on our Website. This includes information provided at the time of registering to use our Website, subscribing to our service, posting material, or requesting further services. We may also ask you for information when you enter a contest or promotion sponsored by us, and when you report a problem with our Website.
Records and copies of your correspondence (including email addresses) if you contact us.
Your responses to surveys that we might ask you to complete for research purposes.
Details of transactions you carry out through our Website and of the fulfillment of your orders. You may be required to provide financial information before placing an order through our Website.
Your search queries on the Website.

You also may provide information to be published or displayed (hereinafter, “posted“) on public areas of the Website, or transmitted to other users of the Website or third parties (collectively, “User Contributions“). Your User Contributions are posted on and transmitted to others at your own risk. Although we limit access to certain pages/you may set certain privacy settings for such information by logging into your account profile, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Website with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.

Information We Collect Through Automatic Data Collection Technologies

As you navigate through and interact with our Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:

Details of your visits to our Website, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Website.
Information about your computer and internet connection, including your IP address, operating system, and browser type.

We also may use these technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking).

The information we collect automatically may include personal information, but we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve our Website and to deliver a better and more personalized service, including by enabling us to:

Estimate our audience size and usage patterns.
Store information about your preferences, allowing us to customize our Website according to your individual interests.
Speed up your searches.
Recognize you when you return to our Website.

The technologies we use for this automatic data collection may include:

Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website.

- Web Beacons. Pages of our Website and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

Flash Cookies. Certain features of our Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Website. Flash cookies are not managed by the same browser settings as are used for browser cookies. For information about managing your privacy and security settings for Flash cookies, see [Choices About How We Use and Disclose Your Information].

Third-Party Use of Cookies and Other Tracking Technologies

Some content or applications, including advertisements, on the Website are served by third-parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our website. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. For information about how you can opt out of receiving targeted advertising from many providers, see [Choices About How We Use and Disclose Your Information].

How We Use Your Information

We use information that we collect about you or that you provide to us, including any personal information:

To present our Website and its contents to you.
To provide you with information, products, or services that you request from us.
To fulfill any other purpose for which you provide it.
To provide you with notices about your account/subscription, including expiration and renewal notices.
To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
To notify you about changes to our Website or any products or services we offer or provide though it.
To allow you to participate in interactive features on our Website.
In any other way we may describe when you provide the information.
For any other purpose with your consent.

We may also use your information to contact you about our own and third-parties’ goods and services that may be of interest to you. If you do not want us to use your information in this way, please check the relevant box located on the form on which we collect your data (the order form/registration form)/adjust your user preferences in your account profile. For more information, see [Choices About How We Use and Disclose Your Information].

We may use the information we have collected from you to enable us to display advertisements to our advertisers’ target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.

Disclosure of Your Information

We may disclose aggregated information about our user,, and information that does not identify any individual, without restriction.

We may disclose personal information that we collect or you provide as described in this privacy policy:

To our subsidiaries and affiliates.
To contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, 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.
To third parties to market their products or services to you if you have consented to/not opted out of these disclosures. We contractually require these third parties to keep personal information confidential and use it only for the purposes for which we disclose it to them. For more information, see [Choices About How We Use and Disclose Your Information].
To fulfill the purpose for which you provide it. For example, if you give us an email address to use the “email a friend” feature of our Website, we will transmit the contents of that email and your email address to the recipients.
For any other purpose disclosed by us when you provide the information.
With your consent.

We may also disclose your personal information:

To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
To enforce or apply our terms of use or terms of service and/or other agreements, including for billing and collection purposes.
If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of us, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:

Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe’s website. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.
We do not control third parties’ collection or use of your information to serve interest-based advertising. However these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI”) on the NAI’s website.

Choices About How We Use and Disclose Your Information

We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:

Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe’s website. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.

Disclosure of Your Information for Third-Party Advertising. If you do not want us to share your personal information with unaffiliated or non-agent third parties for promotional purposes, you can opt-out by sending us an email with your request to info@earlybirdbrunch.com.
Targeted Advertising. If you do not want us to use information that we collect or that you provide to us to deliver advertisements according to our advertisers’ target-audience preferences, you can opt-out by sending us an email with your request to info@earlybirdbrunch.com.
We do not control third parties’ collection or use of your information to serve interest-based advertising. However these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI“) on the NAI’s website.

Residents of certain states, such as California, Nevada, Colorado, Connecticut, Virginia, and Utah may have additional personal information rights and choices. Please see [Your State Privacy Rights for more information].

Accessing and Correcting Your Information

You may send us an email at info@earlybirdbrunch.com to request access to, correct or delete any personal information that you have provided to us. We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

Residents of certain states, such as California, Nevada, Colorado, Virginia, and Utah may have additional personal information rights and choices. Please see [Your State Privacy Rights] for more information.

Your State Privacy Rights

State consumer privacy laws may provide their residents with additional rights regarding our use of their personal information.

California, Colorado, Connecticut, Virginia, and Utah each provide their state residents with rights to:

Confirm whether we process their personal information.
Access and delete certain personal information.
Data portability.
Opt-out of personal data processing for targeted advertising and sales.

Colorado, Connecticut, and Virginia also provide their state residents with rights to:

Correct inaccuracies in their personal information, taking into account the information’s nature processing purpose.
Opt-out of profiling in furtherance of decisions that produce legal or similarly significant effects.

To exercise any of these rights please contact us at info@earlybirdbrunch.com.

However, please know we do not currently sell data triggering that statute’s opt-out requirements

Changes to Our Privacy Policy

It is our policy to post any changes we make to our privacy policy on this page. If we make material changes to how we treat our users’ personal information, we will notify you by updating this page. The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Website and this privacy policy to check for any changes.

Contact Information

To ask questions or comment about this privacy policy and our privacy practices, contact us at: info@earlybirdbrunch.com.

Privacy Policy for Early Bird Mobile App

Last Updated: 10/15/2025

This Privacy Policy describes how personal information is collected, used, and disclosed when you download and use the Early Bird Mobile App (the “App”), and the choices and rights you have to protect your personal information collected via the App.

Early Bird (“Merchant”) is responsible for the personal information collected when you use the App. The App uses technology provided by Toast, Inc. (“Toast”). To learn more about Toast’s privacy practices, please visit Toast’s Privacy Statement at https://pos.toasttab.com/privacy.

Personal Information Collected Via the App

The App collects the following categories of personal information.

Contact information. You may submit your name, email, phone number, and address to the App.

Orders and order history. The App collects and retains the orders you place via the App, including the items you order, date and time of the order, order amounts, delivery locations, tips, order frequency, favorite restaurant locations or menu items, and any preferences or selections you submit with your order.
Payment information. You may input your payment card information, including your card number, security code, and expiration date, or provide other payment information (such as Apple Pay or Google Pay).
Precise location. If you choose to enable it, the App will collect your precise location information to provide you with certain location-enabled features, such as to display and alert you to restaurants nearby and provide live map views. You can disable precise location at any time through your device settings.
Rewards program and gift cards. If you participate in Merchant’s rewards program or any other reward program supported by Merchant or the App, the App collects information about your rewards program status[, including your points balance and redemptions. The App also collects information about any gift cards you receive or send, including the value of the card and balances.
Device and usage information. The App automatically logs information about you, your mobile device, and your interaction over time with the App. This includes: device information, such as your device type, browser type, IP address, device identifiers, language settings, carrier, and general location information; and usage information, such as screens you viewed, how long you spent on a page, browsing history, and access times, and page clicks, page scrolls, and page element interactions. The App also send crash reports in the event of an error for analysis and troubleshooting purposes.

How Your Personal Information is Used

Merchant may use your personal information for the following purposes:

To provide the App and any features you use. This includes authenticating your access to the App; administering your account; allowing you to place orders and remember your preferences; processing transactions; and providing any features that you use within the App, such as location-enabled features and access to loyalty program benefits.
To personalize your experience in the App and provide recommendations. This includes personalizing the items you see displayed in the App and recommending restaurant locations and menu items that may interest you based on your past orders and preferences. The App may also send you notifications of locations or items that may interest you. You can control notifications in your device or App settings.
Troubleshooting and App improvement. Your information may be used to analyze the performance of the App, identify and correct errors, and develop and improve App features and functionality. Your information may also be aggregated with other users’ information, or otherwise anonymized, to create statistics or for other lawful business purposes, including analytics, forecasting, and strategic planning.

Merchant may also use personal information collected through the App for the following purposes:

To analyze users’ selections and preferences in order to improve Merchant’s offerings, identify opportunities for growth, and conduct market research;
To send you marketing communications outside the App (including by email, text message or other channels) and to advertise to you and others with similar interests on third-party websites and platforms; and
For compliance and protection, including to enforce any Applicable terms and conditions, comply with legal obligations, defend against legal claims or disputes, protect the security and integrity of the App, and identify and investigate fraudulent, harmful, unauthorized, unethical or illegal activity.

These uses outside the App are just examples and may not reflect all the ways Merchant uses personal information outside the App. To learn more, please contact Merchant directly.

How Your Information Is Shared

Personal information collected via the App may be shared as follows:

Sharing with Toast. Because the App is operated by Toast, any information you provide via the App, or that Merchant inputs to the App, may be hosted and stored by Toast on Merchant’s behalf.
Service providers. The App relies on other service providers that are needed to administer and support the App and its features, including hosting services, communications, data and cyber security services, payment processing services, identity verification, fraud detection, investigation and prevention services, and customer relationship management systems.
Sharing initiated by Merchant. The App may share information with partners selected by Merchant, such as delivery services and loyalty programs offered by third parties. Merchant may also share information with advertising partners, including via pixels and similar technologies, to allow Merchant to advertise to you and others with similar interests on third-party websites and platforms.
Authorities and others. Your personal information may be shared with law enforcement, government authorities, and private parties, where required by law or necessary or Appropriate to protect legal rights or the security or integrity of the App.

Your Privacy Choices

Within your App settings, you have the following choices regarding your personal information:

Access, change your account information. You may access your personal information through your account on the App. You can also correct account information that is out of date or inaccurate.
Delete your account. To delete your account, follow the instructions within the App settings page.
Additional rights and choices. To disable third-party advertising pixels and similar technologies, visit the privacy page in your App settings. Merchant may offer additional choices and allow you to exercise any rights accorded to you under Applicable laws. For more information, please contact Merchant directly.

Do Not Track. Some Internet browsers may be configured to send “Do Not Track” signals to the online services that you visit. The App does not respond to “Do Not Track” signals. To find out more about “Do Not Track,” please visit http://www.allaboutdnt.com.

Changes to This Privacy Policy

This Privacy Policy may be modified at any time. You will be notified of any material changes to the Privacy Policy in accordance with Applicable laws.

Contact Us

For any questions about the privacy practices described in this Privacy Policy, please contact Early Bird at: info@earlybirdbrunch.com

California Addendum

This California Addendum supplements the Privacy Policy for Early Bird Mobile App and applies only to personal information collected via the App that relates to California residents and is regulated by the California Consumer Privacy Act (“CCPA”).

CCPA Categories of Personal Information

The App collects the following categories of personal information:

Identifiers, such as name, email address, and IP address.
- Collected: Yes.
- Primary Purposes of Processing: To provide the App and any features you use. To personalize your experience in the App and provide recommendations.
Troubleshooting and App improvement.
- Key Disclosures: Toast and other service providers.
- Can You Limit Sharing? No.
Personal information categories listed in the California Customer Records Statute (e.g., name, contact details).
- Collected: Yes.
- Primary Purposes of Processing: To provide the App and any features you use. To personalize your experience in the App and provide recommendations. Troubleshooting and App improvement.
- Key Disclosures: Toast and other service providers.
- Can You Limit Sharing? No.
Protected characteristics under California or federal law
- Collected: No.
- Primary Purposes of Processing: N/A
- Key Disclosures: N/A
- Can You Limit Sharing? N/A
Commercial information, including but not limited to records of products or services purchased
- Collected: Yes.
- Primary Purposes of Processing: To provide the App and any features you use. To personalize your experience in the App and provide recommendations. Troubleshooting and App improvement.
- Key Disclosures: Toast and other service providers.
- Can You Limit Sharing? No.
Professional or employment-related information
- Collected: No.
- Primary Purposes of Processing: N/A
- Key Disclosures: N/A
- Can You Limit Sharing? N/A
Biometric information
- Collected: No.
- Primary Purposes of Processing: N/A
- Key Disclosures: N/A
- Can You Limit Sharing? N/A
Internet or other electronic network activity information, including but not limited to browsing history and search history
- Collected: Yes.
- Primary Purposes of Processing: To provide the App and any features you use. To personalize your experience in the App and provide recommendations. Troubleshooting and App improvement.
- Key Disclosures: Toast and other service providers.
- Can You Limit Sharing? No.
Geolocation data
- Collected: Yes.
- Primary Purposes of Processing: To provide the App and any features you use. To personalize your experience in the App and provide recommendations. Troubleshooting and App improvement.
- Key Disclosures: Toast and other service providers.
- Can You Limit Sharing? No.
Audio, electronic, visual, thermal, olfactory, or similar information
- Collected: No.
- Primary Purposes of Processing: N/A
- Key Disclosures: N/A
- Can You Limit Sharing? N/A
Education records
- Collected: No.
- Primary Purposes of Processing: N/A
- Key Disclosures: N/A
- Can You Limit Sharing? N/A
Inferences drawn from information to create a profile about your behavior, preferences, etc.
- Collected: Yes.
- Primary Purposes of Processing: To provide the App and any features you use. To personalize your experience in the App and provide recommendations. Troubleshooting and App improvement.
- Key Disclosures: Toast and other service providers.
- Can You Limit Sharing? No.

Merchant may also use personal information collected through the App for the following purposes:

To analyze users’ selections and preferences in order to improve Merchant’s offerings, identify opportunities for growth, and conduct market research;
To send you marketing communications outside the App (including by email, text message or other channels) and to advertise to you and others with similar interests on third-party websites and platforms; and
For compliance and protection, including to enforce any applicable terms and conditions, comply with legal obligations, defend against legal claims or disputes, protect the security and integrity of the App, and identify and investigate fraudulent, harmful, unauthorized, unethical or illegal activity.

These uses outside the App are just examples and may not reflect all the ways Merchant uses personal information outside the App. To learn more, please contact Merchant directly.

Additional Disclosures of Personal Information

Merchant may also share personal information with third parties as follows:

Sharing initiated by Merchant. The App may share information with partners selected by Merchant, such as delivery services and loyalty programs offered by third parties. Merchant may also share personal information with acquirers and other relevant participants in business transactions (or negotiations for such transactions) involving a corporate divestiture, merger, consolidation, acquisition, reorganization, sale, or other disposition of all or any portion of the business.
Authorities and others. Your personal information may be shared with law enforcement, government authorities, and private parties, where required by law or necessary or appropriate to protect legal rights or the security or integrity of the App.

Your Privacy Choices

The CCPA grants California residents the following rights:

Information. You may have the right to obtain information about how your personal information is collected, used, and disclosed. This information is available within this Privacy Policy.
Access, correction and deletion. You may also have the right to request access to your personal information, to correct personal information that is out of date or inaccurate, or to delete personal information that is no longer needed for a permitted purpose.

Please note that your ability to invoke the rights above are limited pursuant to the scope and limitations of the CCPA, including any available exceptions. For example, an access request can only be made twice within a 12-month period.

Sensitive Personal Information

The App may collect sensitive personal information as follows:

Precise location. If you choose to enable it, the App will collect your precise location information to provide you with certain location-enabled features, such as to display and alert you to restaurants nearby and provide live map views. You can disable precise location at any time through your device settings.
Dietary and dining preferences. Your dietary and dining preferences may reveal sensitive personal information about you, such as your allergies, accessibility requirements, and religious beliefs. You can submit this information to the App to allow the Merchant to better serve your needs and preferences.

Right to Limit the Use of Sensitive Personal Information

The CCPA grants California residents the right to limit the use of sensitive personal information beyond certain permitted purposes. In general, your sensitive personal information is used only for the limited purposes of providing and personalizing the App for you.

Personal Information Retention

Your personal information is retained for as long as is necessary to allow you to access and use the App and for a reasonable time thereafter for the purposes described in the Privacy Policy. Your personal information will be deleted or destroyed when its continued retention is no longer reasonable necessary and proportionate in accordance with applicable laws.

US State Law Addendum

This US State Law Addendum supplements the Privacy Policy for Early Bird Mobile App and applies only to personal information collected via the App that relates to Virginia, Colorado, Connecticut, Texas, Montana, Oregon, and Utah residents and is regulated by applicable consumer privacy laws in such states (“US State Privacy Laws”).

Additional Rights Under US State Privacy Laws

Where applicable, US State Privacy Laws grant consumers the following rights:

Information. You may have the right to obtain information about how your personal information is collected, used, and disclosed. This information is available within this Privacy Policy.
Access, correction and deletion. You may also have the right to request access to your personal information, to correct personal information that is out of date or inaccurate, or to delete personal information that is no longer needed for a permitted purpose.

To make a request, please consult the “Contact Us” section of the Privacy Policy. You may be asked for specific information from you to confirm your identity.

Please note that your ability to invoke the rights above are limited pursuant to the scope and limitations of the US State Privacy Laws, including any available exceptions. If you are not satisfied with how your request was addressed, you may consult the “Contact Us” section of the Privacy Policy to appeal and submit a complaint.

Sensitive Personal Information

The App may collect and use sensitive personal information as follows:

Precise location. If you choose to enable it, the App will collect your precise location information to provide you with certain location-enabled features, such as to display and alert you to restaurants nearby and provide live map views. You can withdraw your consent at any time by disabling precise location collection within your device settings.
Dietary and dining preferences. If you choose to submit information about you dietary or dining preferences, you may reveal sensitive personal information about you, such as your allergies, accessibility requirements, and religious beliefs. By providing this information within the App, you consent to Merchant’s use of this information to better serve your needs and preferences. You can withdraw consent at any time by deleting such information within your profile in the App.

Please note that your withdrawal of consent will not affect use of your information before you withdrew your consent.

Personal Information Retention

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