Privacy Policy

83Bar, Inc. (“Company”) is committed to protecting your privacy. We have prepared this Privacy Policy to describe to you our practices regarding the Personal Data (as defined below) we collect from users of our website, located at www.go83bar.com, (“Site”) and Services (as defined below). Capitalized terms not defined in this Privacy Policy have the meanings given in our Terms of Use located at www.go83bar.com.

  1. User Consent. By submitting Personal Data through our Site or Services, you agree to the terms of this Privacy Policy and you expressly consent to the collection, use, and disclosure of your Personal Data in accordance with this Privacy Policy. For purposes of this Privacy Policy, Services consist of the following: Providing health risk assessment surveys/qualification questionnaires based on information you provide directly to this Site, through landing pages, and facilitating telephonic outreach to enable you to discuss your survey results with a health care provider, etc.
  2. Children. We do not knowingly gather Personal Information from children under the age of 13. If we learn we have collected or received Personal Information from a child under 13, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at privacy@go83bar.com.
  3. Users Outside of the United States. Your Personal Data may be processed in the country in which it was collected and in other countries, including the United States, where laws regarding processing of Personal Data may be less stringent than the laws in your country.
  4. Types of Data We Collect. “Personal Data” means data that allows someone to identify or contact you, including, for example: your name, address, telephone number, e-mail address, as well as any other non-public information, including health and medical information, about you that is associated with or linked to any of the foregoing data. “Anonymous Data” means data that is not associated with or linked to your Personal Data; Anonymous Data does not, by itself, necessarily permit the identification of individual persons.

We have collected the following categories of Personal Data in the last twelve (12) months through the methods described below. The below examples are not intended to be exhaustive.

  • Identifiers. A real name; alias; signature; postal address; email address; telephone number; unique personal identifier; online identifier; Internet Protocol address; device identifiers; email address; account name; Social Security number; driver’s license or other state identification number; passport number; insurance policy number; insurance claim number; financial information, including bank account, credit card numbers, bank routing details; employment, including current and historical; association membership; other device identifiers including the operating system, browser type, network information; or other similar identifiers.
  • Protected legal characteristics. Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, or veteran or military status.
  • Commercial information. Records of personal property; products or services purchased, obtained, or considered, including data related to insurance policies; or other purchasing or consuming histories or tendencies.
  • Biometric information. Hair color, eye color, fingerprints, height, retina scans, facial recognition, voice, and other biometric data.
  • Internet activity. Browsing history, search history, and information regarding a consumer’s interaction with an Internet website, application, or advertisement.
  • Geolocation data. Physical location of users, generally and specifically.
  • Sensory information. Audio, electronic, visual, thermal, olfactory, or similar information.
  • Employment information. Information about your profession or employment.
  • Education information. Information about your education that is not otherwise publicly available.
  • Inferences drawn from other Personal Data. Profile reflecting an individual’s preferences, characteristics, predispositions, or behavior.

Sensitive Personal Information

Sensitive Personal Information is a subcategory of Personal Information defined by applicable law that includes information like precise geolocation, certain health-related data, and data concerning potentially sensitive subjects like an individual’s sexual orientation, race, ethnicity, or religion.

We may collect the following Sensitive Personal Information from you:

  • Fingerprint
  • Driver’s license number, State ID, and passport number,
  • Precise geolocation data.

We use this sensitive information to comply with legal and regulatory requirements or as otherwise permissible for our internal business purposes consistent with applicable laws.

We do not sell your sensitive personal information, use it for targeted advertising, or otherwise process or share sensitive information for any purpose other than “business purposes” under California law.

  1. How We Collect Your Data. We collect Personal Data and Anonymous Data, as described below.

(a) Information You Provide to Us. We will collect Personal Data related to you when you communicate with us through the Site and landing pages, including in the following ways:

  • We may collect Personal Data from you, such as your first and last name, e-mail address, when you access the Site or landing pages to complete the health risk assessment survey or the survey results, etc.
  • When you order Services on our Site we will collect all information necessary to complete the request, including your age, gender, zip code and other relevant information.
  • If you provide us feedback or contact us via e-mail, we will collect your name and e-mail address, as well as any other content included in the e-mail, in order to send you a reply.
  • We may also collect Personal Data, such as at other points in our Site that state that Personal Data is being collected.

You can choose not to provide us with certain information, but this may limit the features of the Site or the Service you are able to use. For example, Should you choose not to answer all questions within a survey, this may hinder our ability to provide full and complete services.

(b) Information Collected via Technology. We will passively collect Personal Data and Anonymous Data related to the use of certain technology, including in the following ways:

  • To make our Site and Services more useful to you, our servers (which may be hosted by a third party service provider) collect information from you, including your browser type, operating system, Internet Protocol (IP) address (a number that is automatically assigned to your computer when you use the Internet, which may vary from session to session), domain name, and/or a date/time stamp for your visit.
  • We may also use cookies and URL information to gather information regarding the date and time of your visit and the information for which you searched and which you viewed. “Cookies” are small pieces of information that a website sends to your computer’s hard drive while you are viewing a website. We may use both session Cookies (which expire once you close your web browser) and persistent Cookies (which stay on your computer until you delete them) to provide you with a more personal and interactive experience on our Site. Persistent Cookies can be removed by following Internet browser help file directions.
  • We use Google Analytics, provided by Google Inc., to help analyze how users use the Site. Google Analytics uses Cookies to collect information such as how often users visit the Site, what pages they visit, and what other sites they used prior to coming to the Site. We use the information we get from Google Analytics only to improve our Site and Services. Google Analytics collects only the IP address assigned to you on the date you visit the Site, rather than your name or other personally identifying information. We do not combine the information generated through the use of Google Analytics with your Personal Data. Although Google Analytics plants a persistent Cookie on your web browser to identify you as a unique user the next time you visit the Site, the Cookie cannot be used by anyone but Google]. Google’s ability to use and share information collected by Google Analytics about your visits to the Site is restricted by the Google Analytics Terms of Use and the Google Privacy Policy.
  1. Use of Your Personal Data

(a) General Use. In general, Personal Data you submit to us is used either to respond to requests that you make or to aid us in serving you better. We use your Personal Data in the following ways:

  • to facilitate the creation of and maintenance of our network. Our legal basis for this use is your consent;
  • identify you as a user in our system. Our legal basis for this use is your consent;
  • provide improved administration of our Site and Services. Our legal basis for this use is your consent;
  • provide the Services you request. Our legal basis for this use is performance of an agreement or contract with you;
  • improve the quality of experience when you interact with our Site and Services, including tailoring the features to you. Our legal basis for this use is your consent;
  • send you a welcome e-mail to verify ownership of the e-mail address provided when your Account was created. Our legal basis for this use is your consent;
  • send you administrative e-mail notifications, such as security or support and maintenance advisories. Our legal basis for this use is your consent;
  • respond to your inquiries or other requests. Our legal basis for this use is performance of an agreement or contract with you.

(b) Creation of Anonymous Data. We may create Anonymous Data records from Personal Data by excluding information (such as your name) that make the data personally identifiable to you. We use this Anonymous Data to analyze request and usage patterns so that we may enhance the content of our Services and improve Site navigation. Company reserves the right to use Anonymous Data for any purpose and disclose Anonymous Data to third parties in its sole discretion. Our legal basis for this use is your consent.

  1. Disclosure of Your Personal Data. We disclose your Personal Data only as described below and as described elsewhere in this Privacy Policy.

(a) Third Party Service Providers. We may share your Personal Data with third party service providers for business purposes: provide you with the Services that we offer you through our Site; to conduct quality assurance testing; to facilitate the creation of accounts; to provide technical support; and/or to provide other services to the Company. These third party service providers are required not to use your Personal Data other than to provide the services requested by Company. In the past twelve (12) months, we have provided each category of Personal Data that we collect to third party service providers for business purposes.

(b) Affiliates and Acquisitions. We may share some or all of your Personal Data with our parent company, subsidiaries, joint ventures, or other companies under a common control (“Affiliates”), in which case we will require our Affiliates to honor this Privacy Policy. If another company acquires our company, business, or our assets, including in the event of our bankruptcy, that company will possess the Personal Data collected by us and will assume the rights and obligations regarding your Personal Data as described in this Privacy Policy.

(c) Additional disclosures. We may share some or all of your Personal Data with third party service providers as a result of your response to our online advertisements, landing pages, surveys, qualification questionnaires or when requesting information.

(d) Sales. We may sell certain of your Personal Data to third parties. In the last twelve (12) months, we have sold each category of Personal Data that we collect as provided in this Privacy Policy.

(e) Other Disclosures. Regardless of any choices you make regarding your Personal Data (as described below), Company may disclose Personal Data if it believes in good faith that such disclosure is necessary (a) in connection with any legal investigation; (b) to comply with relevant laws or to respond to subpoenas or warrants served on Company; (c) to protect or defend the rights or property of Company or users of the Services; and/or (d) to investigate or assist in preventing any violation or potential violation of the law, this Privacy Policy, or Terms of Use.

  1. Information You Share With Third Parties. This Privacy Policy addresses our use and disclosure of information we collect from and/or about you on the Site or through the Service. If you disclose information to others, including, for example, one of our partners providing goods and services, different rules may apply to their use or disclosure of the information you disclose to them. The use and disclosure restrictions contained in this Privacy Policy will not apply to any third party. We do not control the privacy policies of third parties, and you are subject to the privacy policies of those third parties where applicable.
  2. Your Choices Regarding Your Personal Data

(a) Choices. We offer you choices regarding the collection, use, and sharing of your Personal Data.

(i) We will periodically send you free newsletters and e-mails that directly promote the use of our Site or Services. When you receive newsletters or promotional communications from us, you may indicate a preference to stop receiving further communications from us and you will have the opportunity to “opt-out” by following the unsubscribe instructions provided in the e-mail you receive or by contacting us directly (please see contact information below).

(ii) Despite your indicated e-mail preferences, we may send you service-related communication, including notices of any updates to our Terms of Use or Privacy Policy.

(b) Changes to Personal Data. You may change any of your Personal Data in your Account by editing your profile within your Account or by sending an e-mail to us at the e-mail address set forth below. You may request deletion of your Personal Data by us, but please note that we may be required to keep this information and not delete it (or to keep this information for a certain time, in which case we will comply with your deletion request only after we have fulfilled such requirements). We will retain each category of your Personal Data that we collect for no longer than is necessary for the purposes stated in this Privacy Policy. The standards we use to determine the retention period are as follows: the time required to retain Personal Data to fulfill business purposes, including providing products and services; maintaining and corresponding transaction and business records; fraud prevention; controlling and improving the performance and quality of our websites and applications; handling potential user queries or complains and identifying issues; whether a user agrees to a longer retention period; and whether applicable laws or contracts have special requirements for data retention, and more. Once we disclose any of your Personal Data to third parties, we cannot access that Personal Data any longer and cannot force the deletion or modification of any such information by the parties to whom we have made those disclosures. After we delete Personal Data, we will retain Anonymous Data and will continue to use the Anonymous Data as permitted under this Privacy Policy.

  1. Security of Your Personal Data. The Company is committed to protecting the security of your Personal Data. We use a variety of industry-standard security technologies and procedures to help protect your Personal Data from unauthorized access, use, or disclosure. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while Company uses reasonable and all legally required efforts to protect your Personal Data, Company cannot guarantee its absolute security. You should report any security violations to us by sending an email to the address below. We will keep your personal data for no longer than is necessary for the purpose(s) it was provided for and to meet our legal obligations. Further details of the periods for which we retain data are available on request.
  2. Contact Information. Company welcomes your comments or questions regarding this Privacy Policy. Please e-mail us at: Privacy@go83bar.com or contact us at the following address or phone number:

11211 Taylor Draper Lane, Suite 115
Austin, TX 78759
(512) 982-9646

  1. Changes to this Privacy Policy. This Privacy Policy is subject to revision, and if we make any material changes in the way we use your Personal Data, we will notify you by sending you an e-mail to the last e-mail address you provided to us and/or by prominently posting notice of the changes on our Site. Any changes to this Privacy Policy will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you or thirty (30) calendar days following our posting of notice of the changes on our Site. These changes will be effective immediately for new users of our Service. Please note that at all times you are responsible for updating your Personal Data to provide us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. In any event, changes to this Privacy Policy may affect our use of Personal Data that you provided us prior to our notification to you of the changes. If you do not wish to permit changes in our use of your Personal Data, you must notify us prior to the effective date of the changes that you wish to terminate your Account with us. Continued use of our Site or Service, following notice of such changes shall indicate your acknowledgment of such changes and agreement to be bound by the terms and conditions of such changes.
  2. Your California Privacy Rights

This section applies exclusively to visitors and users of the Site who are residents of the State of California (as defined in Cal. Civil Code § 1798.140(g)) (“Consumers”). As used in this section, the terms “you” and “your” shall only refer to a Consumer. For purposes of this section, “personal information” has the meaning set forth in Cal. Civil Code §1798.140(o).

(a) If you are a Consumer, the, the “California Privacy Rights Act (“CPRA”), provides you with certain rights regarding your personal information. This section supplements the information contained elsewhere in this Policy with respect to Consumers and notifies Consumers of certain rights they have under the CPRA.

  • Right to Notice: You have the right to receive notice about the categories of Personal Information we have collected about you within the last 12 months, the sources from which that information was collected, the third parties we share information with and whether we have sold your personal information.
  • Right to Access: You have the right to receive a copy of your personal information.
  • Right to Delete: You have the right to request the deletion of your personal information, subject to certain exceptions.
  • Right to non-discrimination: You have the right to not be discriminated against for exercising any of the above-listed rights.
  • Right to Opt-Out: You have the right to direct us to not sell or share with third-parties your personal information at any time. Consumers who opt-in to personal information sales or sharing may opt-out of future sales at any time.
  • Right to Correct: You have the right to rectify, correct, update, or modify the personal data we hold about you.

To exercise the access, notice, deletion, correction, and opt-out rights described above, please submit a verifiable consumer request by either:

Emailing us at privacy@go83bar.com
Calling us at 1-833-599-1284

To exercise the Right to Opt-Out (make a “Request to Opt-Out”), you (or your authorized representative) may submit a request to us by sending an email to: privacy@go83bar.com.

  1. Virginia Consumer Data Protection Act (VCDPA) – Colorado Privacy Act (CPA) – Connecticut Data Privacy Act (CTDPA)

If the processing of your Personal Information is subject to the Virginia Consumer Data Protection Act (VCDPA), the Colorado Privacy Act (CPA) or the Connecticut Data Privacy Act (CTDPA), and a consumer request that you have made has been declined, you have the right to appeal such decision.

You may exercise your right to appeal the decision to your request by:

Replying directly to the email you are appealing, or

Submitting a complaint by sending an email to: privacy@go83bar.com.

You may also have the right to complain to the Attorney General about the result of your appeal.

You can contact the Virginia Attorney General here: https://www.oag.state.va.us/contact-us/contact-info,  the Colorado Attorney General here: https://complaints.coag.gov/s/contact-us, and the Connecticut Attorney General here: https://portal.ct.gov/AG/Contact-the-Attorney-Generals-Office/Contact-the-Attorney-Generals-Office.

  1. General Data Protection Regulation (European Economic Area and United Kingdom)

If the processing of your personal information is subject to the EU General Data Protection Regulation (“GDPR”) or UK General Data Protection Regulation (“UK GDPR”), and your Personal Information is processed based on legitimate interests, you have the right to object to the processing on grounds relating to your specific situation. Under GDPR and UK GDPR you may also have the right to request to have your Personal Information deleted or restricted, ask for portability of your personal information, and not be subject to a decision based solely on automated processing. Where the processing of your personal information is based on consent, you have the right to withdraw this consent at any time. This does not affect the lawfulness of the processing based on consent before your withdrawal.

Last updated: 02/20/2024