Privacy Policy

The Types Of Information We Collect

We collect information that identifies, relates to, is reasonably capable of being associated with a particular living person or
household (“Personal Information”). Privacy laws around the world describe Personal Information using a number of different terms, including personal data and personally identifiable information. For the purposes of this Privacy Policy, we use the term Personal Information with the intention that it be interpreted to mean the same thing as these other terms. If there is a specific type of Personal Information that has its own definition, we will provide that definition and use that name specifically (such as Sensitive Personal Information).

Various privacy laws exclude certain types of information from the respective definitions of Personal Information. For your awareness, Personal Information does not include:

• Publicly available information from government records;
• Deidentified or aggregated consumer information; or,
• Information excluded from the scope of applicable privacy laws (including the CCPA and GDPR), like:
  • health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data;
  • Personal Information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Ac (FCRA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994.

The privacy laws also refer to the individuals or households from which Personal Information is collected a number of ways, including as data subjects or consumers. We use the term “consumer” in this Privacy Policy to avoid using unnecessarily abstract terms, but that term, as we use it, is the same as a data subject and includes customers, job applicants, and our business-to-business contacts. Please note that if you are an employee of Five Guys, or their dependent or emergency contact, a separate privacy policy applies to you and is available through Five Guys’ human resources information systems. If you do not have access to those systems, please contact us for assistance by using the information in the “Contact Us” section below.

We have chosen to disclose this information broadly so that all of Five Guys’ consumers are aware of our privacy practices, however, subject to the law where you reside, only certain categories of consumers may be able to exercise the rights described in the “Your Privacy Rights and Choices” section below.

The below chart contains a category of Personal Information labelled “Sensitive Personal Information.” Under the applicable privacy laws, “Sensitive Personal Information.” means Personal Information that reveals: (1) a consumer’s social security, driver’s license, state identification card, or passport number; (2) a consumer’s account log-in, financial information, debit card, or credit card number in combination with any required security or access code, password, or credentials allowing access to an account; (3) a consumer’s precise geolocation (within a circle with a radius of 1,750 or less); (4) a consumer’s racial or ethnic origin, religious of philosophical beliefs, or union membership; (5) the contents of a consumer’s mail, email, and text messages unless the business is the intended recipient of the communication; or, (6) a consumer’s genetic data. Sensitive Personal Information also include: (a) the processing of biometric information for the purpose of uniquely identifying a consumer; (b) Personal Information collected and analyzed concerning a consumer’s health (mental or physical); and, (c) Personal Information collected and analyzed concerning a consumer’s sex life or sexual orientation. In some states, the term “Sensitive Personal Information.” also includes Personal Information collected from a known child younger than 13 years of age and information related to a consumer’s citizenship or immigration status.

Regardless of what state you live in that regulates the collection and use of Sensitive Personal Information, Five Guys does not use the types of information listed in the “Sensitive Personal Information” definition, above, to develop inferences about you.

We collect (and over the prior 12 months have collected) the following categories of Personal Information from the listed categories of consumers:

Category of Personal Information	Examples	Sources of Information	Types of Consumers Affected
Identifiers	First and last name (or initials), postal address, Internet Protocol (IP) address, email address, phone number, date of birth, account name, payment information, Social Security Number, or other similar identifiers	• Directly from you • From third parties on your behalf, such as when they provide your name and email to refer you for a job • Indirectly from you, such as through automated collection technologies • From service providers or contractors, such as social media sites, payment processors, ordering and delivery service providers, advertising networks, and analytics companies or from the service provider or contractor when the consumer is an employee or contractor of a service provider being engaged by Five Guys • From publicly available sources, such as public records and social media sites	• Website users • Customers • Job applicants • Franchisees • Contractors (and their employees) • Service providers (and their employees)
Personal Information under California Civil Code Section 1798.80(e)	Name, signature, Social Security Number, address, telephone number, bank account name and number, other financial information, insurance policy number, health insurance information, and other information described under this law Note that some Personal Information described in this category overlaps with other categories	• Directly from you • From service providers or contractors, such as payment processors, ordering and delivery service providers, advertising networks, and analytics companies or from the service provider or contractor when the consumer is an employee or contractor of a service provider being engaged by Five Guys • From publicly available sources, such as public records and social media sites	• Website users (if you provide this information to us) • Customers (if you provide this information to us) • Job applicants • Franchisees • Contractors (and their employees) • Service providers (and their employees)
Protected Classification 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, veteran or military status, genetic information (including familial genetic information)	• Directly from you • From service providers or contractors, such as background check companies or from the service provider or contractor when the consumer is an employee or contractor of a service provider being engaged by Five Guys	• Job applicants • Franchisees • Contractors (and their employees) • Service providers (and their employees)
Commercial Information	Records of products or services purchased or considered, or other purchasing history or tendencies	• Directly from you • Indirectly from you, such as through automated collection technologies • From service providers or contractors, such as such as payment processors, ordering and delivery service providers, advertising networks, and analytics companies	• Customers • Franchisees
Biometric Information	Genetic, physiological, behavioral, and biological characteristics, or other activity patterns used to extract a template or other identifier such as fingerprints	We do not collect this data from consumers	None.
Internet or Other Similar Network Activity	Browsing history, search history, information on a consumer’s interaction with the Websites, Mobile App, Text Message Marketing Program (if you subscribe), or advertisements	• Indirectly from you, such as through automated collection technologies. • From service providers or contractors, such as social media sites, advertising networks, and analytics companies • Internet service providers • Mobile phone and text messaging service providers	• Website users • Customers • Job applicants • Franchisees
Geolocation Data	Physical location or movements Please also review the “Sensitive Personal Information” row below. If you use our Mobile App, we may collect your precise geolocation while you are using the Mobile App if you consent to that use based on your “Location” settings for the app and your device operating system.	• Directly from you • Indirectly from you, such as through automated collection technologies • From service providers or contractors, such as social media sites, advertising networks, and analytics companies or from the service provider or contractor when the consumer is an employee or contractor of a service provider being engaged by Five Guys (if permitted or required by applicable contract) • From publicly available sources, such as public records and social media sites	• Website users • Customers • Contractors (and their employees) if permitted or required by applicable contract • Service providers (and their employees) if permitted or required by applicable contract
Sensory Data	Audio, electronic, visual, thermal, olfactory, or similar information including COVID-19 related temperature checks, call monitoring, and video surveillance	• Directly from you • From service providers or contractors such as in-store security/CCTV providers	• Customers • Job applicants • Franchisees (if provided to us) • Contractors (and their employees) • Service providers (and their employees)
Professional or Employment-Related Information	Current or past job history or performance evaluations	• Directly from you • From service providers or contractors, including background check providers or from the service provider or contractor when the consumer is an employee or contractor of a service provider being engaged by Five Guys • From publicly available sources, such as social media sites	• Job applicants • Franchisees • Contractors (and their employees) • Service providers (and their employees)
Non-Public Education Information	Education records related to a student maintained by an educational institution or a party action on its behalf, such as grades, transcripts, class lists, schedules, financial information, or disciplinary records	We do not collect this data from consumers.	None.
Inferences	Profile information reflecting a consumer’s preferences, characteristics, behavior, attitudes, or other similar information	• We generate this information internally • From service providers or contractors, such as analytics companies or background check providers	• Job applicants • Franchisees • Contractors (and their employees) • Service providers (and their employees)
Sensitive Personal Information	Social Security Number, driver’s license, state identification card, or passport number, racial or ethnic origin, union membership, information related to a consumer’s citizenship or immigration status If you use our Mobile App, we may collect your precise geolocation while you are using the Mobile App if you consent to that use based on your “Location” settings for the app and your device operating system.	• Directly from you • From service providers or contractors, such as background check providers or from the service provider or contractor when the consumer is an employee or contractor of a service provider being engaged by Five Guys We do not use this information to draw Inferences	• Mobile App users (with respect to precise geolocation if you opt-in to that use) • Job applicants • Franchisees • Contractors (and their employees) • Service providers (and their employees)

Please note that there are places on our Websites where a third party can provide your Personal Information (or you can provide a third party’s Personal Information), such as the “Refer a Friend” feature on the https://careers.fiveguys.com/. If you provide a third party’s Personal Information through the use of these features, you are making a representation that you have that third party’s permission to provide their Personal Information and that they have agreed to the terms of this Privacy Policy. Where such features are made available, Five Guys will only use that information for the purpose for which it is given and does not otherwise store or use that information.

Personal Information Collected Via Technology

When you visit the Five Guys Websites, including our web forms, we and our service providers acting on our behalf automatically collect certain information using tracking technologies like cookies, web beacons, and similar technologies. We use this information to understand how visitors to our websites use them and which pages and features of the websites are most popular. This helps us understand how we can improve our websites and track performance of our advertisements and marketing emails that are sent to you. In addition, we use tracking technologies to help improve the navigation experience on the Websites. 

A cookie is a piece of data contained in a very small text file that is stored in your browser or elsewhere on your hard drive. Cookies allow us to identify your device as you navigate our websites or your account. This makes navigating and interacting with our websites or your account more efficient, easy, and meaningful for you.

By themselves, cookies do not identify you specifically. Rather, they recognize your web browser. So, unless you identify yourself specifically to Five Guys, such as by signing into your account, we do not know who you are just because you visited our website. We use both session and persistent cookies. Session cookies are cookies that disappear from your computer or browser when you turn off your computer. Persistent cookies stay on your computer even after you have turned it off. Additionally, the cookies on our websites fall into five categories: (1) Strictly Necessary Cookies, (2) Functional Cookies, (3) Performance Cookies, (4) Social Media Cookies, and (5) Targeting Cookies. To learn more about each category of cookie, you can visit our cookie consent tool by clicking on the “Cookie Preferences” link on cookie banner for the Website you are visiting. If you have already selected your cookie preferences, you can clear cookies through your browser and revisit the Website, which will cause the cookie banner to reappear. You can also manage your cookie preferences by clicking the green “Manage Allowed Cookies” button in the lower lefthand corner of our Websites.

In addition to cookies, Five Guys uses “pixels” to enable certain cookies or advertisements on the Websites and to track the number of times a link or advertisement is served on a webpage. A pixel is a tiny image that is loaded when you visit our Websites or open our marketing emails, but instead of calling up an image, it causes a cookie or application to be downloaded. Pixels can be used to track user activities, track the number of times a user has viewed a particular link or advertisement, track and optimize website traffic, display advertisements, keep track of advertising commissions, and otherwise collect data for online marketing and website analysis. As with cookies, our Websites utilize both session pixels and persistent pixels.

We also use cookies and tracking/marketing pixels for four general purposes: (1) to ensure the functionality, optimization, and ease of use of our Websites; (2) to ensure and maintain the security of our Websites; (3) to collect anonymous, statistical data regarding how visitors interact with the Websites; and, (4) for marketing purposes. We also utilize the tools available through Google Analytics in order to monitor site flow and statistical data regarding our Website users.

The cookies that we use for functionality and security purposes are considered Functional or Strictly Necessary cookies, without which the Site would not function properly. These cookies allow some of the basic functions of our Websites to work properly, such as remembering your preferences as you navigate the Websites. In addition, these cookies help us secure the Websites by preventing cross-site request forgery attacks and by throttling excessive request rates.

We also use cookies to collect statistical information regarding how visitors interact with our Websites and to track repeat visits to our Websites. While these cookies collect information regarding how you use our Websites in order to help us understand site flow and improve our website, all such statistical data is anonymous and does not personally identify you. These types of cookies are Performance Cookies.

Finally, we use both cookies and pixels on our Websites for marketing purposes, including: to check whether your browser supports the use of cookies, to deliver general advertisements from third party advertisers, to present targeted advertisements to particular Website visitors, to track the particular advertisements that have been displayed to you, to collect data regarding how you interact with YouTube videos across different websites, to track your browser activity across devices and marketing channels, to track the actions you take after viewing an advertisement in order to measure the efficacy of the advertisement, and to display particular advertisements in order to re-engage visitors that are likely to convert to customers based on those visitors’ online behavior across websites. These types of cookies are either Social Media or Targeting Cookies.

Depending on where you live, our Websites may place cookies on your devices after you have interacted with the cookie banner made available on the Website you are visiting. In some regions, you will be required to opt-in to use of cookies by our Websites, with the exception of Strictly Necessary Cookies, which are always in use and are required for our Websites to operate. In other regions, you will have the option to opt out of the use of cookies by our Websites (except with respect to Strictly Necessary Cookies, which are required for our Websites to operate). Regardless of where you reside, you have the option to manage the cookies we use in connection with the Websites through the cookie consent settings and preferences centers made available to you on the Websites. If you have previously accepted cookies but wish to change that preference, you will need to clear your browser’s cookies before revisiting the Website and making a new selection about the types of cookies allowed. Using the preference centers to manage cookies without clearing the saved cookies through your browser settings will stop existing cookies from collecting new data and new cookies from downloading to your device in accordance with your preference election, but it will not delete any cookies that have previously been downloaded. You need to take the step to delete your cookies because they are downloaded to your browser or device and our Websites and the cookie banners on them do not have the ability to perform those deletions on your behalf. If you want to accept more types of cookies, you can simply interact with the cookie preference center without a need to clear the preexisting saved cookies. If you have previously interacted with the cookie banner and made an election about your cookie preferences, you will not see the cookie banner again until the permissions expire with respect to the accepted cookies or you clear your cookies.

In addition to using our preference centers, you can use your browser settings to opt out of most categories of cookies, with the exception of Strictly Necessary Cookies. Some browsers allow a “do not track” (DNT) setting that requests that a web application disable its tracking of an individual user. When you choose to turn on the DNT setting in your browser, your browser will send a special signal to websites, analytics companies, ad networks, plug-in providers, and other web services you encounter while browsing and stop tracking your activity. To set up DNT, you can visit the All About DNT page. If you do choose to set up DNT, our cookie banner has been designed to automatically turn off all non-required cookies on Five Guys’ Websites for you, however, this will not delete any cookies from your device, which you can do by following the procedures described above. Please note that this may impact the functionality of our Websites or your account.

Please be aware that the “Gift Cards” website, available at https://fiveguys.cashstar.com/, is operated by our trusted partner, Cashstar Inc., a subsidiary of Blackhawk Network Holdings, Inc., and is not controlled or operated by Five Guys. Information collected through that website, including any information collected using automated collection technologies, is subject to Cashstar’s privacy policy and uses Cashstar’s cookie banner, which may not operate in the same way as the cookie banner on Five Guys-operated Websites. For more information, we encourage you to review Cashstar’s privacy policy, which is available at: https://blackhawknetwork.com/privacy-policy?locale=en-us.

Several of the companies that utilize cookies or other tracking or monitoring mechanisms enable you to opt out of advertising through mechanisms established by trade groups. To learn more about how to opt out of targeting and advertising cookies, you can go to the Your Online Choices page, the Network Advertising Initiative page, and the Digital Advertising Alliance’s Consumer Choice page. These opt-out tools are provided by third parties, not Five Guys. We do not control or operate these tools or the choices that advertisers and others provide through these tools. Use of these tools will not delete any cookies from your device, which you can do by following the procedures described above.

Global Privacy Control (GPC) is a technical specification that you can use to inform websites of your privacy preferences in regard to ad trackers. To set up GPC, you can visit the Global Privacy Control page. If you do choose to set up GPC, we will automatically turn off all non-required cookies on Five Guys’ Websites for you, however, this will not delete any cookies from your device, which you can do by following the procedures described above.. Please note that this may impact the functionality of our Websites.

For more information about third party cookies used on our Websites, please read the following:

Google Analytics

Our Websites use Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses “cookies,” which are text files placed on your computer, to help the Websites analyze how users use the site. The information generated by the cookie about your use of the Websites (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of the Websites, compiling reports on activity on our Websites, 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. Google will not associate your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser, however, please note that if you do this you may not be able to use the full functionality of these Websites. By using our Websites, you consent to the processing of data about you by Google in the manner and for the purposes set out above. To find out more information about how Google may use your information, we encourage you to visit: https://www.google.com/policies/privacy/partners/.

Facebook Pixel

Our Websites use the Facebook Pixel, a web analytics service provided by Meta Platforms Inc. (previously, Facebook Inc.) (referred to, for convenience, as “Facebook”). The Facebook Pixel functions in the way described in the section labelled “Personal Information Collected Via Technology” above. You may refuse the use of technologies like the Facebook Pixel by selecting the appropriate settings on your browser, however, please note that if you do this you may not be able to use the full functionality of these Websites. By using our Websites, you consent to the processing of data about you by Facebook in the manner and for the purposes set out above. To find out more information about how Facebook may use your information, we encourage you to visit: https://www.facebook.com/business/m/privacy-and-data.

TikTok Pixel

Our Websites use the TikTok Pixel, a web analytics service provided by TikTok Inc. (“TikTok”). The TikTok Pixel functions in the way described in the section labelled “Personal Information Collected Via Technology” above. You may refuse the use of technologies like the TikTok Pixel by selecting the appropriate settings on your browser, however, please note that if you do this you may not be able to use the full functionality of these Websites. By using our Websites, you consent to the processing of data about you by TikTok in the manner and for the purposes set out above. To find out more information about how TikTok may use your information, we encourage you to visit: https://ads.tiktok.com/i18n/official/policy/business-products-terms and https://ads.tiktok.com/i18n/official/policy/privacy.

How We Use Your Personal Information

We may use or disclose the Personal Information we collect for one or more of the following purposes:

1. To fulfill or meet the reason you provided the information. For example, if you share your name and contact information to ask a question about our products or services, we will use that Personal Information to respond to your inquiry. If you provide your Personal Information to purchase a product or service, we will use that information to process your payment and facilitate delivery. If you provide Personal Information to enter a contest or sweepstake, we will use that information to process your entry and to contact you to fulfill the terms of that contest or sweepstake if you win. We may also save your information to facilitate new product orders or process returns. If you provide Personal Information to apply for a job with Five Guys, we will use that information to review and process your application.
2. To provide, support, personalize, and develop our Services, products, and services.
3. To process your requests, purchases, transactions, and payments and prevent transactional fraud.
4. To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.
5. To personalize your experience on our Services and to deliver content and product and service offerings relevant to your interests, including targeted offers and ads through our Services, third-party sites, and via email or text message (with your consent, where required by law).
6. To provide you with Five Guys related information, promotions, offers, products, or services that you request from us or that you have consented to receive via email direct marketing.
7. To help identify fraud and maintain the safety, security, and integrity of our Services, products and services, databases and other technology assets, and business.
8. For testing, research, analysis, and product development, including to develop and improve our Services, products, and services.
9. To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
10. As described to you when collecting your Personal Information or as otherwise set forth in applicable privacy laws.
11. To evaluate or conduct 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 consumers is among the assets transferred.

We use your precise geolocation when you place an order through our Mobile App if you have configured the application settings and your mobile device’s location settings to allow the use of precise geolocation. The precise geolocation data allows the Mobile App to communicate with the store from which you placed your order so that we can ensure your order is hot and ready when you arrive. If your settings do not allow the use of precise geolocation, the Mobile App will use an approximate location that does not meet the definition of a precise geolocation. Regardless of your settings, your geolocation is only collected from your Mobile App when you have placed an order, is only associated with the individual order placed, is only collected while your Mobile App is open, and is only retained for a period of 30 days for the purpose of fulfilling support inquiries. Following that 30-day retention period, precise geolocation data is purged or deidentified such that the data cannot be used to identify you or your device. Use of precise geolocation is performed only on a strict opt-in basis, and you can revoke your consent to that usage at any time by updating your Mobile App and device settings.

We will not collect additional categories of Personal Information or use the Personal Information we collected for materially different, unrelated, or incompatible purposes without providing you advance notice. We will not perform any automated decision-making processes involving the information that we collect and, as such, do not engage in “profiling” as defined under the applicable privacy laws. For clarity, in addition to not generally engaging in “profiling” as defined under the applicable privacy laws, Five Guys does not engage in “profiling” in furtherance of decisions that produce legal effects or other similarly significant effects concerning a consumer.

The following list describes in detail the purposes for which we and our services providers and contractors collect and use each category of Personal Information. Each number below corresponds to the specific purpose listed above:

Category of Personal Information	Purposes for Collection and Use
Identifiers	1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11
Personal Information under California Civil Code Section 1798.80(e)	1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11
Protected Classification Characteristics	1, 4, 9, 10, 1
Commercial Information	1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11
Biometric Information	We do not collect this data from consumers.
Internet or Other Similar Network Activity	1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11
Geolocation Data	1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11
Sensory Data	1, 4, 9, 10, 11
Professional or Employment-Related Information	1, 4, 7, 9, 10, 11
Non-Public Education Information	We do not collect this data from consumers.
nferences	1, 4, 7, 9, 10, 11
Sensitive Personal Information	1, 4, 7, 9, 10, 1

Five Guys may periodically engage in direct marketing as described above, however, you will be able to opt out at any time by following the instructions included in every e-mail sent to you via the “Unsubscribe” link. You may not opt out of non-promotional communications from Five Guys, including confirmation messages regarding successful order requests. Please note, regardless of your communication settings, we may continue to communicate with you regarding changes to terms and conditions, Privacy Policy updates, data breaches, or other significant information related to your Personal Information for as long as it is retained by Five Guys.

Consent to receive automated informational and marketing text messages is not a condition of any purchase. If you have enrolled in the Five Guys Text Messaging Program, you can opt-out at any time by replying STOP, END, CANCEL, UNSUBSCRIBE, QUIT, REVOKE, or OPTOUT to any mobile message from Five Guys to opt out of the Program. You may opt-out of receiving both informational messages, which are not marketing communications but relate to your transactions with us such as the orders you place, as well as marketing messages. If you opt out of informational messages by submitting your opt-out reply in response to an informational message, we will opt you out of both informational and marketing communications. If you only opt-out of marketing communications, we will apply that opt-out only to marketing communications and you may continue to receive informational messages. You may receive a one-time clarifying message following your revocation text message to confirm the scope of your revocation. You may receive an additional mobile message confirming your decision to opt out. Should you have any issues with opting out from text message communications, please do not hesitate to contact Five Guys using the information in the “Contact Us” section below.

If you opt in, we may send you push notifications through our Mobile App. You may opt out from receiving push notifications by changing the settings on your mobile device. Please note that if you disable push notifications, you may not be able to access or receive some or all of the services, content, and/or features made available through the Mobile App and the Services.

We may create Deidentified Information records from Personal Information by excluding information (such as your name and/or IP address) that would allow someone to identify a specific individual. “Deidentified Information” means information that is not associated with or linked to your Personal Information, including any feedback you may provide, which cannot be reidentified with your Personal Information. Deidentified Information does not permit the identification of individual persons. We may use this Deidentified Information to analyze request patterns and usage patterns so that we may enhance our products and services. Five Guys reserves the right to use and disclose Deidentified Information to third parties in its discretion, however, we will maintain and use the information in deidentified form and will not attempt to reidentify the information, or authorize any third party to reidentify the information, except in connection with determining whether the deidentification processes satisfy the requirements of applicable privacy laws.

California Notice of Financial Incentive

Under California law, the Five Guys Rewards Beta program might be interpreted as a “financial incentive” program as it involves the collection of personal information and rewards that can be exchanged for items of financial value are granted in connection with activities you undertake as part of your participation in the program, although, such rewards do not have an independent financial value. We do not assign a monetary value to the information we collect. Based on our reasonable estimate, the value of your personal information to us is related to the value of the free or discounted products or services that you obtain when you redeem points. This value is based on the expense related to offering those free or discounted products or services. Five Guys uses the information collected in connection with the Five Guys Rewards Beta program for the purposes of operating that program, does not sell Personal Information collected in connection with the program, and otherwise uses and shares that information in accordance with this Privacy Policy.

How We Share Your Personal Information

We may disclose your Personal Information to a third party for a business purpose, specifically to enable and support the uses of your Personal Information described in the “How We Use Your Personal Information” section above. When we disclose Personal Information for a business purpose, we enter into a contract that describes the purpose and requires the recipient to both keep that Personal Information confidential and not use it for any purpose except performing the contract.

While Five Guys does not typically sell Personal Information, some states interpret the sharing of Personal Information with third party service providers for online advertising may be considered a “sale” of information. For example, we allow third parties, such as Facebook and Google, to place technologies (such as cookies) on our websites for purposes of marketing to users of our websites. Except for this kind of sharing, Five Guys does not sell any of your information. In the interest of full disclosure, we have indicated when your Personal Information may be considered a “sale” in certain states, such as California, but want to assure you that most states do not consider this sharing a sale and otherwise we do not sell Personal Information. For more details, please read the “Sales of Your Personal Information” section below.

In the prior 12 months, Five Guys has disclosed for a business purpose and/or sold Personal Information to the categories of third parties indicated in the chart below.

Category of Personal Information	Category of Third-Party Recipients	Category of Third-Party Recipients	Category of Third-Party Recipients
	Business Purpose Disclosures	Sales	Use for Targeted Advertising
Identifiers	• Service providers and contractors, such as payment processors, ordering and delivery service providers, advertising networks, analytics companies, and background check providers • Affiliates of Five Guys • Franchisees of Five Guys • Government agencies (subject to valid legal processes)	• Service providers, such as advertising networks and analytics companies	• Service providers, such as payment processors, ordering and delivery service providers, advertising networks and analytics companies
Personal Information under California Civil Code Section 1798.80(e)	• Service providers and contractors, payment processors, ordering and delivery service providers, advertising networks, analytics companies, and background check providers • Affiliates of Five Guys • Franchisees of Five Guys • Government agencies (subject to valid legal processes)	• Service providers, such as advertising networks and analytics companies	• Service providers, such as payment processors, ordering and delivery service providers, advertising networks and analytics companies
Protected Classification Characteristics	• Service providers and contractors (only if such service provider is providing services relevant to this information) • Affiliates of Five Guys Franchisees of Five Guys • Government agencies (subject to valid legal processes or as required by law)	We do not sell this data.	We do not disclose this data for targeted advertising
Commercial Information	• Service providers and contractors, such as payment processors, ordering and delivery service providers, advertising networks, and analytics companies • Affiliates of Five Guys • Franchisees of Five Guys	• Service providers, such as advertising networks and analytics companies	• Service providers, such as payment processors, ordering and delivery service providers, advertising networks and analytics companies
Biometric Information	We do not collect this information from consumers.	We do not collect this information from consumers.	We do not collect this information from consumers
Internet or Other Similar Network Activity	• Service providers and contractors, such as payment processors, ordering and delivery service providers, advertising networks, and analytics companies • Affiliates of Five Guys	• Service providers, such as advertising networks and analytics companies	• Service providers, such as payment processors, ordering and delivery service providers, advertising networks and analytics companies
Geolocation Data	• Service providers and contractors, such as payment processors, ordering and delivery service providers, advertising networks, analytics companies, and background check providers • Affiliates of Five Guys	We do not sell this data.	• Service providers, such as payment processors, ordering and delivery service providers, advertising networks and analytics companies
Sensory Data	• Service providers and contractors, such as in-store security/CCTV providers • Affiliates of Five Guys • Franchisees of Five Guys	We do not sell this data.	We do not disclose this data for targeted advertising.
Professional or Employment-Related Information	• Service providers and contractors, such as background check providers • Affiliates of Five Guys • Franchisees of Five Guys	We do not sell this data.	We do not disclose this data for targeted advertising.
Non-Public Education Information	We do not collect this information from consumers.	We do not collect this information from consumers.	We do not collect this information from consumers
Inferences	• Affiliates of Five Guys • Franchisees of Five Guys	We do not sell this data.	We do not disclose this data for targeted advertising.
Sensitive Personal Information	• Affiliates of Five Guys • Franchisees of Five Guys	We do not sell this data.	We do not disclose this data for targeted advertising.

To our knowledge, any sharing of Personal Information does not knowingly involve information related to children under the age of 16.

We may share some or all of your Personal Information with “Affiliates” (parent company, subsidiaries, joint ventures, or other companies under common ownership and/or control), in which case we will require our Affiliates to provide at least the same degree of protection for your Personal Information as we do under this Privacy Policy. If our company or our assets are acquired by another company, that company will possess the Personal Information collected by us and it will assume the rights and obligations regarding your Personal Information as described in this Privacy Policy.

If we disclose your Personal Information to Affiliates or third parties as identified in this section, we agree to be liable for violations of your privacy rights by the Affiliates and third parties to which we have disclosed your Personal Information. Some of our Affiliates may be international organizations or organizations that were formed in the United States. If we share your Personal Information with such Affiliates, we will use appropriate methods to transmit your information in accordance with all applicable laws and regulations. Such methods may include the model contract clauses, binding corporate bylaws, or other legal transfer mechanisms that may take effect including the EU-US Data Privacy Framework.

Disclosures to Affiliates of Five Guys

We disclose your Personal Information to Affiliates of Five Guys as described above in the section labelled “How We Use Your Personal Information,” specifically:

• To fulfill or meet the reason you provided the information.
• To provide, support, personalize, and develop our Services, products, and services.
• To process your requests, purchases, transactions, and payments and prevent transactional fraud.
• To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.
• To personalize your experience on our Services and to deliver content and product and service offerings relevant to your interests, including targeted offers and ads through our Services, third-party sites, and via email or text message (with your consent, where required by law).
• To provide you with Five Guys-related information, promotions, offers, products, or services that you request from us or that you have consented to receive via email direct marketing.
• To help identify fraud and maintain the safety, security, and integrity of our Services, products and services, databases and other technology assets, and business.
• For testing, research, analysis, and product development, including to develop and improve our Services, products, and services.
• To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
• As described to you when collecting your Personal Information or as otherwise set forth in applicable privacy laws.
• To evaluate or conduct 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 consumers is among the assets transferred.

Disclosures to Service Providers and Contractors

We will also disclose your Personal Information to service providers and contractors that help us run our business by processing Personal Information on behalf of Five Guys for the purposes identified in the section labelled “How We Use Your Personal Information.” Such companies include providers of customer support services (including those that record or store communications), providers of analytics technologies that record and analyze your interaction with our websites to help us improve your experience including payment processing services, fraud monitoring and prevention, detecting and preventing deceptive or illegal activity or misuse of our Services, products, services, email, social media, and other marketing platforms and service providers, and hosting services.

Disclosures to Government Agencies

We disclose your Personal Information to government agencies to respond to law enforcement requests and as required by applicable law, court order, or governmental regulations. We may also disclose your Personal Information to government agencies as necessary if we have a good-faith belief that access, use, preservation or disclosure of the information is reasonably necessary to detect, prevent, or protect against such fraudulent, deceptive, or illegal activity, misuse of our Services, products, or services, or security or technical issues, or where it is reasonably necessary to protect from harm the rights, property or safety of Five Guys and our employees, our users, children, or the public as required or permitted by law.

In addition to the above, we may share your Personal Information with any third party at your instruction or request. That kind of sharing is not for our business purposes, though, and is not included in the above chart.

In certain circumstances, we may be required to disclose your Personal Information in response to lawful requests by public authorities, including to meet national security or law enforcement requirements, as well as to prevent crime or fraud.

Sales of Your Personal Information

Five Guys allows certain companies, who are service providers to Five Guys pursuant to written contracts, to place tracking technologies like cookies and pixels on our sites, which allow those companies to receive information about your activity on Five Guys’ Websites that is associated with your browser or device. The companies may use that data to serve you with more relevant ads on our sites or others. Under some state laws, sharing data for online advertising like this may be considered a “sale” of information. Except for this kind of sharing, Five Guys does not sell any of your information.

To our knowledge, any sales of Personal Information do not knowingly involve information related to children under the age of 16.

You always have full control over whether these technologies work on your devices. You can disable them entirely using our cookie consent preference tools (for instructions, see the section above labelled “Personal Information Collected Via Technology”), or by clicking the “Your Privacy Choices” link on in the footer our websites.

Additional Legal Notices

How We Protect Your Information

To protect your Personal Information, Five Guys has adopted reasonable technical and organizational precautions in addition to following industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered, or destroyed.

Five Guys has implemented industry-standard organizational and electronic means of protecting your Personal Information. Our Websites make use of back-end technology that has been CSA STAR Certified and covered by a range of ISO certifications, including ISO 27001:2013, ISO 27017:2015, ISO 27018:2014, ISO 20000-1:2011, ISO 22301:2012, and ISO 9001:2015, and which is designed protect your Personal Information. We store Personal Information behind a computer firewall, which is a barrier designed to prevent outsiders from accessing our servers. In addition, Five Guys protects your Personal Information from unauthorized physical access by storing your Personal Information in a controlled facility. Except as provided elsewhere in this Privacy Policy, Five Guys limits access to Personal Information, regardless of if it is stored electronically or in physical form, to those persons (including employees and contractors) in Five Guys’ organization who have a business need for such access.

Even though we have taken significant steps to ensure that your Personal Information is not intercepted, accessed, used, or disclosed to or by unauthorized persons, you should know that Five Guys cannot completely eliminate security risks associated with Personal Information.

The safety and security of your information also depends on you. If you choose, or are provided with, a user name, password, or any other piece of information when you create an account as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to that account, or any portion thereof, using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer or device so that others are not able to view or record your password or other Personal Information. You are entirely responsible for maintaining the confidentiality of the information you hold for your user name, password, or other information related to your account. You may be held liable for losses incurred by us as a result of your failing to keep your login information secure and confidential.

Data Retention

We will only keep your information, including any personal information, for as long as necessary to fulfill the purposes for which we collected it, to comply with our legal obligations, or to enforce our legal rights (or as required so others may enforce their legal rights). 

Generally, the length of time we keep your information will depend on the type of information and the purpose for which we are processing it. To determine the appropriate retention period, we consider the amount, nature, and sensitivity of the information, the potential risk of harm from unauthorized use or disclosure, the purposes for which we are processing it and whether we can achieve those purposes through other means, and any applicable legal requirements.

At the end of the appropriate retention period, we will either delete your information from our systems completely or anonymize it so it can be used without identifying you and so we no longer have the ability to re-associate the anonymized information with you in the future, such as by aggregating the information. 

If you would like more information about our retention practices, please contact us using the information provided in the “Contact Us” section below. 

Notice Regarding Children

We do not target our Websites or Services toward or intentionally gather Personal Information about visitors who are under the age of 16. Furthermore, we do not intentionally allow visitors under the age of 18 to place orders via our Websites or Services. If a child under 16 submits Personal Information to us and we learn that the Personal Information is the information of a child under 16, we will attempt to delete that Personal Information as soon as possible. If you believe that we might have any Personal Information from a child under 16, please contact us using the information in the below “Contact Us” section.

By using the Services, you represent that you are at least the age of majority in your state, province, or country of residence, or that you are the age of majority in your state, province, or country of residence and you have given us your consent to allow any of your minor dependents to use the Services.

Links To Other Sites

If we have provided a link to any other website or location, it is for your convenience and does not signify our endorsement of such other website or location or its contents. We have no control over, do not review, and cannot be responsible for these outside websites or their content. Please be aware that the terms of our Privacy Policy do not apply to these outside websites.

Of particular note, please be aware that the Five Guys “Gear” website, available at https://shopfiveguys.com/ is operated by our trusted partner, The Icebox – Cool Stuff, LLC, and is not controlled or operated by Five Guys. The terms of our Privacy Policy do not apply to that outside website, which has its own Terms of Service and Privacy Policy. We are not responsible for the privacy practices of that website, except as otherwise required under the relevant laws and regulations. We encourage you to read their terms and privacy statements if you wish to utilize these websites and applications.

Additionally, please be aware that the “Gift Cards” website, available at https://fiveguys.cashstar.com/, is operated by our trusted partner, Cashstar Inc., a subsidiary of Blackhawk Network Holdings, Inc., and is not controlled or operated by Five Guys. Information collected through that website, including any information collected using automated collection technologies, is subject to Cashstar’s privacy policy and uses Cashstar’s cookie banner, which may not operate in the same way as the cookie banner on Five Guys-operated Websites. For more information, we encourage you to review Cashstar’s privacy policy, which is available at: https://blackhawknetwork.com/privacy-policy?locale=en-us.

Once you leave our Websites or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or our Websites’ Terms of Service. For your convenience, we may provide pop-up banners or notices in some instances when you leave our Websites or are directed to a third-party website or application, but we make no representations that we will provide such notice for all third-party links on our Websites.

When you click on links on our store, they may direct you away from our Websites. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.

Privacy Policy Updates

We reserve the right to amend this Privacy Policy at our discretion and at any time. If we change the way we collect, use, or disclosure your Personal Information that requires us to make changes to this Privacy Policy, we will post a notice on this page and update the Privacy Policy’s effective date. Your continued use of our Services following any posted updates to the Privacy Policy constitutes your acceptance of such changes. If you object to any of the changes to our Privacy Policy, you must stop using the Services.

Your Privacy Rights and Choices

The below section describes the privacy rights made available in various states and countries/regions. To exercise any of the rights that are applicable to you, please follow the link under “Exercising US Privacy Rights and Choices” and provide the requested information.

CALIFORNIA

• As modified by the California Privacy Rights Act, the California Consumer Privacy Act ensures that California consumers have the following rights with respect to the collection, use, sharing, sale, and other processing of their Personal Information:
• The right to know what Personal Information has been collected about you, including the categories of Personal Information, the categories of sources from which the Personal Information is collected, the business or commercial purpose for collecting, selling, or sharing personal information, the categories of third parties to whom we disclose Personal Information, and the specific pieces of Personal Information we have collected about you;
• The right to access the Personal Information, including to obtain a copy that can easily be sent to another data controller;
• The right to request the deletion of your Personal Information, subject to certain exceptions;
• The right to correct inaccurate Personal Information;
• The right to opt-out of the sale or sharing of your Personal Information;
• The right to request the limitation of the use and disclosure of your Sensitive Personal Information; and,
• The right to opt-in to sale or sharing of your Personal Information (if you have previously affirmatively opted-out).

Other California Privacy Rights

California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of our Services that are California residents to request certain information regarding our disclosure of Personal Information to third parties for their direct marketing purposes. To make such a request, please send an email to [email protected] or contact us using the information provided in the “Contact Us” section.

Other US State Privacy Laws

Colorado, Connecticut, Indiana, Kentucky, Montana, Nebraska, New Hampshire, New Jersey, Rhode Island, Texas, and Virginia

The privacy laws applicable to consumers who reside in Colorado, Connecticut, Montana, Nebraska, New Hampshire, New Jersey, Texas, and Virginia ensure that consumers have the following rights with respect to the collection, use, sharing, sale, and other processing of their Personal Information:

• The right to confirm whether a controller is processing Personal Information about the consumer and to access that Personal Information (or in some of these states, a representative summary of that Personal Information), including to obtain a copy that can easily be sent to another data controller;
• The right to correct inaccurate Personal Information;
• The right to delete the Personal Information possessed by the controller;
• The right to opt-out of the processing of Personal Information for the purposes of targeted advertising, sales of Personal Information, or profiling in furtherance of decisions that product legal or similarly significant effects concerning you as a consumer; and,
• If your request is denied, the right to appeal that refusal.

Delaware and Minnesota

If you are a Delaware or Minnesota resident, the privacy rights protected for you are:

• The right to confirm whether a controller is processing or has processed Personal Information about you, as well as the right to obtain a list of specific third parties (other than natural persons) to which the controller has disclosed your Personal Information or any Personal Information;
• The right to obtain a copy of your Personal Information that can easily be sent to another data controller;
• The right to correct inaccurate Personal Information;
• The right to delete the Personal Information possessed by the controller;
• The right to opt-out of the processing of Personal Information for the purposes of targeted advertising, sales of Personal Information, or profiling in furtherance of decisions that product legal or similarly significant effects concerning you as a consumer; and,
• If your request is denied, the right to appeal that refusal.

Iowa

If you are an Iowa resident, the privacy rights protected for you are:

• The right to confirm whether a controller is processing Personal Information about the consumer and to access that Personal Information, including to obtain a copy that can easily be sent to another data controller;
• The right to delete the Personal Information possessed by the controller;
• The right to opt-out of the sale of Personal Information; and,
• If your request is denied, the right to appeal that refusal.

Maryland

The privacy rights protected for Maryland residents are:

• The right to confirm whether a controller is processing Personal Information about you and to access that Personal Information, including to obtain a list of the categories of third parties to which the controller has disclosed the consumer’s Personal Information or a list of categories of third parties to which the controller has disclosed any consumer’s Personal Information if the controller does not maintain this information in a format specific to the consumer;
• The right to obtain a copy of your Personal Information that can easily be sent to another data controller;
• The right to correct inaccurate Personal Information;
• The right to delete the Personal Information possessed by the controller;
• The right to opt-out of the processing of Personal Information for the purposes of targeted advertising, sales of Personal Information, or profiling in furtherance of decisions that product legal or similarly significant effects concerning you as a consumer; and,
• If your request is denied, the right to appeal that refusal.

Oregon

The privacy rights protected for Oregon residents are:

• The right to confirm whether a controller is processing or has processed Personal Information about you and to know the categories of Personal Information the controller is processing or has processed, as well as the right to obtain a list of specific third parties (other than natural persons) to which the controller has disclosed your Personal Information or any Personal Information;
• The right to obtain a copy of your Personal Information that can easily be sent to another data controller;
• The right to correct inaccurate Personal Information;
• The right to delete the Personal Information possessed by the controller;
• The right to opt-out of the processing of Personal Information for the purposes of targeted advertising, sales of Personal Information, or profiling in furtherance of decisions that product legal or similarly significant effects concerning you as a consumer; and,
• If your request is denied, the right to appeal that refusal.

Tennessee

The privacy rights protected for Tennessee residents are:

• The right to confirm whether a controller is processing Personal Information about the consumer and to access that Personal Information, including to obtain a copy that can easily be sent to another data controller;
• The right to correct inaccurate Personal Information;
• The right to delete the Personal Information possessed by the controller;
• The right to request that a controller that sold Personal Information about the consumer, or disclosed the information for a business purpose, to disclose the categories of Personal Information sold, the categories of third parties to which the Personal Information was sold, and the categories of Personal Information disclosed for a business purpose;
• The right to opt-out of the processing of Personal Information for the purposes of targeted advertising and/or sales of Personal Information, and,
• If your request is denied, the right to appeal that refusal.

Utah

The privacy rights protected for Utah residents are:

• The right to confirm whether a controller is processing Personal Information about the consumer and to access that Personal Information, including to obtain a copy that can easily be sent to another data controller;
• The right to correct inaccurate Personal Information;
• The right to delete the Personal Information that you have provided to the controller; and,
• The right to opt-out of the processing of Personal Information for the purposes of targeted advertising and/or sales of Personal Information.

Nevada

If you are a resident of the State of Nevada, you have the right to request that Five Guys not sell the Personal Information we currently have about you or that we might collect about you in the future. Although it is currently Five Guys’ policy not to sell our consumers’ Personal Information as a “sale” is defined under Nevada law, if you would like to register an email address with Five Guys to request that we not sell your Personal Information now or in the future, please follow the link under “Exercising US Privacy Rights and Choices” and provide the requested information.

Appeals Process

If you are a resident of a state listed above that grants you a right to appeal a refusal of your privacy rights request and you believe that any request you have submitted has been denied in error, you are entitled to appeal that decision by submitting a request using the link under “Exercising US Privacy Rights and Choices” and providing the requested information. Utah does not offer a statutory right to appeal, but please contact us if you have questions about any rights request that you believe was denied in error. We strive to provide this information at the time of a denial but understand that you may have additional questions. Specifically, you will need to provide your state of residence and contact information as required by the mandatory fields within the webform, then should select that you would like to “Submit an Appeal” under the “Request Type” field. We will also ask for your prior Request ID, which you can find in the subject line of the emails you have received from us with respect to your prior request. You should provide your reason for requesting an appeal in the “Request Details” field of our webform.

After receiving your appeal, members of our Privacy Team will review your appeal, the rationale for denying the initial request, and will respond to you within the time period mandated by applicable law regarding any action taken, if any, and the reasons for those actions or inaction. If your appeal is denied, we will provide you with information by which you can contact the respective state’s Attorney General in order to submit a complaint.

Non-Discrimination

We will not discriminate against you for exercising any of your privacy rights. Unless permitted by applicable law, we will not:

• Deny you goods or services;
• Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties;
• Provide you a different level or quality of goods or services; or,
• Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

Exercising US Privacy Rights and Choices

If you are a resident of one of the states with consumer privacy laws, as described above, and would like to exercise any of the privacy rights made available in the state where you reside, please submit a request to us by either:

• Calling us at (877) 258-2136;  
• Submitting your request using the below webform;  

YOUR PRIVACY CHOICES

OR,

• If you are a California resident, visiting one of our California corporate-owned Five Guys stores and submitting your rights request on the physical forms available in store, which must be returned to Five Guys by mail in an envelope affixed with the appropriate postage to the address listed on that form.

Please also note that you are currently only permitted to submit one type of request at a time on the above webform. If you would like to submit multiple request types, please submit a separate form for each and we will work with you to process the requests in an appropriate order. For example, if you submit a deletion request and later submit a data portability request, we may have already deleted your Personal Information from our systems and will be unable to fulfill your data portability request.

Additionally, if you have an account on one of our Websites or the Mobile App, you may immediately access some of the information that we have collected about you by logging into your account on that Website or the Mobile App and navigating to your user profile. Viewing your information through your account on our Website or Mobile App may not provide you with all of the information to which you are entitled.

Only you, or where allowed by applicable law someone legally authorized to act on your behalf, may make a verifiable consumer request related to your Personal Information. If you are a parent or legal guardian, you may also make a verifiable consumer request on behalf of your minor child if your state allows such requests. If you are a resident of a state that allows you to designate an authorized agent, you must authorize that agent to act on your behalf and the authorized agent must provide a copy of that written authorization when submitting their request on your behalf. We may contact you or the authorized agent to ensure that you have given them the authority to act on your behalf. Some states allow the guardian or conservator of a consumer subject to a guardianship, conservatorship, or other protective arrangement and who resides in those states to exercise the rights of the consumer on that consumer’s behalf regarding the processing of Personal Information. Where authorized to act on behalf of a consumer, guardians and conservators will be required to verify their capacity to act on behalf of the consumer subject to the guardianship, conservatorship, or other protective arrangement. See the chart below for more specific details about what states allow third parties to exercise rights on behalf of a consumer and, if any, under what limitations.

Authorized Third Party	Rights/Limitations	Applicable States
Authorized Agents	Can exercise any right	CA
Authorized Agents	Can exercise right to opt-out of processing Personal Information	CO, CT, DE, MD, NH, NJ, MT, OR, RI, TX
Authorized Agents	Can exercise right to opt-out of processing Personal Information for the purposes of targeted advertising and sales	MN, NE
Parents or Legal Guardians of Minor Child	Can exercise any right	CA, CO, CT, DE, IA, IN, KY, MD, MN, MT, NE, NH, OR, RI, TN, TX, UT, VA
Guardian or Conservator of Consumer Subject to Protective Arrangement	Can exercise any right	CT, DE, MD, MN, MT, NH, OR, RI, UT

The verifiable consumer request must:

• Provide sufficient information that allows us to reasonably verify you are the person about whom we collected Personal Information or an authorized representative, which may include:
  • Your first and last name;
  • Email address(es);
  • Street address; and,
• Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

Based on the information you have provided, we will make commercially reasonable efforts to verify your identity against the information already in our systems. In the event we cannot verify your identity, we may request additional information from you so that we may complete your request in compliance with the requirements of applicable law. Please note that if you do not provide the required information, we may not be able to complete your rights request and will be required to deny it.

We cannot respond to your request or provide you with Personal Information if we cannot verify your identity or authority to make the request and confirm the Personal Information relates to you.

You do not need to create an account with us to exercise the rights made available to you the applicable privacy laws. We will only use Personal Information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

Rights and Choices for EU, EEA, and UK Consumers

If you are a resident of the European Economic Area or the United Kingdom, your local laws provide you with additional rights regarding our use of your Personal Information. The following supplements the information contained in the other sections of this Privacy Policy and applies only with respect to Personal Information collected from residents of countries to which the General Data Protection Regulation (“GDPR”) or UK General Data Protection Regulation (“UK-GDPR”) apply.

Cross-Border Transfers

Five Guys is a corporation located in the United States. If Personal Information is collected on our behalf from residents of the European Economic Area or the United Kingdom, that information may be transferred to the United States, which is not subject to an adequacy decision by the European Commission or the UK Information Commissioner’s Office. If Personal Information is transferred to the United States, those transfers will be subject to legal transfer mechanisms that may include the European Commission’s Standard Contractual Clauses and the UK’s International Data Transfer Addendum to the European Commission’s Standard Contractual Clauses. Five Guys adopts additional measures to protect your Personal Information during cross-border transfers including encryption in transit.

Lawful Bases for Processing

Under GDPR and UK-GDPR, the lawful bases we rely on for processing your Personal Information are:

• You have given your consent to the processing of your Personal Information
• Processing is necessary for the performance of a contract
• Processing is necessary for compliance with a legal obligation
• Processing is necessary in order to protect the vital interests of you or another person
• Processing is necessary for the purposes of the legitimate interests pursued by Five Guys (provided that our interests are not overridden by your interests or fundamental rights and freedoms)

Where you have given your consent to the processing of your Personal Information, you are able to revoke your consent at any time and can do so by following the instructions in the section titled “Your Data Protection Rights” below.

Your Data Protection Rights

Under GDPR and UK-GDPR, you have the right to exercise control over your Personal Information, including:

• Right of access – you have the right to obtain a copy of the Personal Information that we hold about you, including other supplementary information
• Right to rectification – you have the right to have inaccurate Personal Information corrected and to have incomplete Personal Information completed
• Right to erasure – you have the right to have the Personal Information that we currently hold about you erased, subject to certain exceptions (such as if the Personal Information is necessary for us to comply with a legal obligation)
• Right to restrict processing – you have the right to request that we restrict the processing of your Personal Information in certain circumstances
• Right to object to processing – you have the right to object to the processing of your Personal Information in certain circumstances
• Right to data portability – you have the right to obtain the Personal Information we currently hold about you in a structured, commonly used and machine-readable format so that you can transmit that Personal Information directly to another controller or you can request that we transmit that Personal Information for you 

You are not required to pay any charge for exercising your rights under GDPR and UK-GDPR.

Exercising Your GDPR Rights

You have the right to control your Personal Information as described below. In order to request access to, correct, object to our use and retention of your Personal Information, or to exercise any of your rights related to your Personal Information as described in your local law, please send a request by e-mail to [email protected] or by mail using the contact information listed in the “Contact Us” section below. Please include “Personal Information Request” in the subject line of your e-mail.

You can control your Personal Information in the following ways:

• You can ask us to see and/or obtain a copy of the Personal Information we hold about you;
• You can inform us of any changes to your Personal Information, or if you want us to correct any of the Personal Information we hold about you;
• In certain situations, you can ask us to erase, block, or restrict the Personal Information we hold about you, or object to the particular ways in which we are using your Personal Information; and,
• In certain situations, you can also ask us to send the Personal Information you have given us to a third party.

When you contact us to exercise any of the privacy rights described above, please provide the following:

• Your first and last name;
• Your e-mail address;
• Your phone number;
• Your country or countries of citizenship; and,
• A brief description of your request, which can be based on the above list.

Because we do not want your Personal Information to be exposed to someone else, we will make a reasonable effort to confirm your identity before processing your request. This identity confirmation effort may come directly from us or from a trusted vendor.

Five Guys will only use the Personal Information you provide in connection with your request to check our systems and confirm whether we possess any of your Personal Information and to process any Personal Information access or management requests we receive from you. After we have completed reviewing your request, we may store the information we provide to you for a reasonable amount of time after fulfilling your request in case you have additional inquiries. After the information is no longer necessary, we will automatically delete this information from our records or make it permanently unreadable (masked data).

Any contact information provided in connection with a request to exercise your rights related to your Personal Information will not be used for direct marketing purposes and will not be shared with others unless necessary to verify your identity and/or complete your request.

Response Timing and Format

We will do our best to respond to your request as soon as possible, and, in any event, no later than 30 days after receiving your request. Please note that making multiple requests at one time may slow down our processing of your request. If additional time is required to complete your request, we will notify you of that fact and the reasons why we require additional time to fully respond to your particular request.

In certain circumstances, where we are able to do so, some requests may need to be fulfilled in a logical order. For example, if you request to see what information Five Guys has about you and at the same time request that Five Guys erase your Personal Information, we will first provide you with access to your Personal Information, then we may ask you to confirm again that you would like us to delete that information.

In some circumstances, we may not be able to comply with your requests related to your Personal Information. In those cases, we will respond as soon as possible, and, in any event, no later than 30 days after receiving your request. Our response will let you know if and why we are not able to comply and will share information with you about how you can object to the relevant Supervisory Authorities if you think our continued use or maintenance of that information is improper.

How To Complain

If you have any concerns about our use of your personal information, you can make a complaint to use using the information contained in the “Contact Us” section below. We request please contact us first so we can try to resolve your concerns. We are committed to working with you to obtain a fair resolution to any complaint or concern you may have about our use of your Personal Information.

If, however, you believe that we have not been able to assist with your request, complaint, or concern, you may have the right to lodge a complaint with the data protection authority in your country (if one exists in your country) or supervisory authority. You can find more information about your data protection authority, including their contact information, by following this link to the European Data Protection Board’s website: https://edpb.europa.eu/about-edpb/about-edpb/members_en. You may also have a right to a judicial remedy if it is determined your Personal Information is being used illegally.

If you are a UK resident, the data protection authority is the Information Commissioner’s Office (“ICO”), which can be contacted using the below information:

Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Helpline number: 0303 123 1113
ICO website: https://www.ico.org.uk

Contact Us

If you have any general questions about our Privacy Policy or questions about how we collect, use, or share your Personal Information, or would like to exercise your rights with respect to your Personal Information as permitted by certain laws applicable to consumers as described in greater detail below, please do not hesitate to contact our Privacy Officer at:

Phone: (877) 258-2136
Privacy Policy Location: https://www.fiveguys.com/privacy-policy/
Email: [email protected]

Mailing Address:
Five Guys Enterprises LLC
ATTN: Privacy Officer
1940 Duke Street
5th Floor
Alexandria, VA 22314 USA