PRIVACY POLICY

Five Guys ("us" or "we") respects the privacy of visitors to our Sites. This Privacy Policy is intended to inform you of our policies and practices regarding the collection, retention, use, and disclosure of any Personal Information through our Sites.

Five Guys provides certain websites, including the websites available at http://www.fiveguys.com, https://five-guys-gear.myshopify.com, and https://games.fiveguys.com (each, a "Site"). By submitting any information through a Site, you acknowledge and agree that Five Guys may process (i.e., collect, use, etc.) your Personal Information as described in this Privacy Policy.

THE TYPES OF INFORMATION WE COLLECT

Five Guys collects Personal Information and Anonymous Information from you when you visit a Site and/or send us information or communications. "Personal Information" means information that allows someone to identify or contact you, including, for example, your name, address, telephone number, e-mail address, IP Address, and any information about you that is associated with or linked to any of the foregoing information. "Anonymous Information" means information that is not associated with or linked to your Personal Information, including any feedback you may provide. Anonymous Information does not permit the identification of individual persons. We collect and use Personal Information and Anonymous Information as described in this Privacy Policy.

PERSONAL INFORMATION YOU PROVIDE TO US

We may collect Personal Information that you voluntarily submit to us through your access and/or use of a Site, including contact information such as your name, phone number, and e-mail addresses; billing information including billing name and address; and photographs. When you purchase something from our store, as part of the buying and selling process, we collect the Personal Information you give us such as your name, billing address, shipping address, phone number, and e-mail address.

PERSONAL INFORMATION COLLECTED VIA TECHNOLOGY

As you access or use a Site, to make the Sites more useful to you, we use technological means to collect information from you (including some Personal Information), including the Uniform Resource Locator (URL) you just came from, the URL you go to next, your browser type, your Internet Service Provider (ISP), and your Internet Protocol (IP) address. We may also use cookies and pixels to collect Personal Information from you about your use of our Sites.

An "IP Address" is a number that is automatically assigned to your computer when you use the Internet. In some cases your IP address stays the same from browser session to browser session. However, if you use a consumer internet access provider, your IP address probably varies from session to session. We track IP addresses solely in conjunction with session cookies to analyze our web page flow.

"Cookies" are small pieces of information that a website sends to your computer's hard drive while you are viewing a website. Five Guys uses both session cookies (which expire once you close your web browser) and persistent cookies (which stay on your computer until they expire or until you delete them) to provide you with a more personal and interactive experience on the Sites. Persistent cookies can be removed by following the help directions for your internet browser. If you choose to disable all or most cookies, some areas of the Site may not work properly.

In addition to cookies, Five Guys uses "pixels" to enable certain cookies or advertisements on the Sites and to track the number of times a link or advertisement is served on a webpage. A pixel is a tiny, 1x1 image that is loaded when you visit our Sites, 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 Sites 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 Sites; (2) to ensure and maintain the security of our Sites; (3) to collect anonymous, statistical data regarding how visitors interact with the Sites; 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 Site users.

The cookies that we use for functionality and security purposes are considered necessary cookies, without which the Site would not function properly. These cookies allow some of the basic functions of our Sites to work properly, such as remembering your preferences as you navigate the Sites. In addition, these cookies help us secure the Sites 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 Sites and to track repeat visits to our Sites. While these cookies collect information regarding how you use our Sites in order to help us understand site flow and improve our website, all such statistical data is anonymous and does not personally identify you.

Finally, we use both cookies and pixels on our Sites 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 Site 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 estimate your bandwidth on pages with integrated YouTube videos, 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.

HOW WE USE YOUR INFORMATION

In general, we use your Personal Information to respond to your requests with respect to our Sites and to charge your credit card the cost and transaction fee associated with any Products you order. In addition, we may use your Personal Information to determine your purchase preferences, to better understand how the Sites are used, to gauge traffic patterns, and to determine what types of content and services are most popular with users.

We may also use your Personal Information to send information on products, services, special offers, and promotions. If you receive direct marketing from Five Guys, you can 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.

We may create Anonymous 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. We may use this Anonymous 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 Anonymous Information to third parties in its discretion.

If you provide feedback on any of our products or services to us, we may use such feedback for any purpose, provided we will not associate such feedback with your Personal Information. We will collect any information contained in your feedback and will treat the Personal Information in such communication in accordance with this Privacy Policy.

We will not perform any automated decision-making processes involving the information that we collect.

There are many legitimate and lawful ways that Five Guys may use the Personal Information we collect without your consent. For more information, please see the see section titled “Notice Regarding Requested Consents,” below.

HOW WE SHARE YOUR INFORMATION

We may share Anonymous Information for any legitimate business purpose allowed under the applicable laws and regulations without notification or consent.

We will share your Personal Information with third parties to fulfill your requests for Products, and we may share your Personal Information with third parties who perform services for us or on our behalf. While we may request your consent to use or share your Personal Information to fulfill or perform services regarding your orders and requests, we may also use or share your Personal Information without your consent for any legitimate purpose as allowed under the applicable laws and regulations (see section titled “Notice Regarding Requested Consents,” below), including fulfilling our contractual obligations to you. Five Guys has taken certain organizational and technological security measures to protect your Personal Information, described in the “How We Protect Your Information” section below, and requires at least the same degree of organizational and technological security measures to be used by all third parties with whom we may share your Personal Information.

Additionally, we may share some or all of your Personal Information with "Affiliates" (parent company, subsidiaries, joint ventures, or other companies under common 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 Privacy Shield framework, model contract clauses, or binding corporate bylaws.

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.

HOW WE PROTECT YOUR INFORMATION

To protect your Personal Information, we agree to take 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 Sites 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.

YOUR RIGHTS REGARDING YOUR INFORMATION

Five Guys respects your privacy and wants you to be informed of and in control of how your Personal Information is used by Five Guys. You can do this by contacting us using the information in the “Contact Us” section and following the procedure described in the “Personal Information Request Submissions” section, below.

Subject to local law, 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.

We will take all reasonable steps to ensure that your Personal Information is handled according to your wishes.

If you have a concern about our handling of your Personal Information or your request, please contact us first using the information in the “Contact Us” section below 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 may also have a right to a judicial remedy if it is determined your Personal Information is being used illegally.

For any other inquiries regarding our Privacy Practices or the handling of your Personal Information, please contact us using the information in the “Contact Us” section below.

NOTICE REGARDING REQUESTED CONSENTS

If you use the Sites, you may be asked to consent to the collection and use of your Personal Information for particular purposes. While you will not be penalized or prejudiced for refusing to consent to the collection, retention, and use of your information as described in this Privacy Policy, failure to provide consent may interfere with or disrupt certain features of the Sites or prevent us from fulfilling orders or purchase requests you make.

When we are using your Personal Information on the basis of your consent, you are entitled to withdraw that consent at any time. If you revoke your consent, you will not be penalized or prejudiced for revoking your consent.

Even if you refuse or revoke your consent, Five Guys may continue to collect, retain, and use your Personal Information or sensitive Personal Information so long as such retention and use is consistent with the purposes described in this Privacy Policy and that collection, retention, and use is lawful and allowed without obtaining your consent under the applicable laws and regulations.

These uses, among others, may include:

  1. Complying with legal obligations, for example, tax, employment, and other laws or regulations;
  2. Fulfilling our contractual obligations to you;
  3. Fulfilling our legitimate business interests and purposes, whether performed by ourselves or a third party, so long as that purpose does not override your fundamental rights and freedoms;
  4. Preventing fraud;
  5. For internal administrative purposes, whether your information is maintained internally or shared with our subsidiaries and affiliates, franchisees, or third party contractors for this purpose;
  6. Ensuring network and information security;
  7. Establishing, exercising, or defending against any legal claims; or,
  8. Using your Personal Information in accordance with any valid consents you have given.

When we collect, retain, or use your Personal Information based on a legitimate interest or the public interest, as described above, you may have the right to object at any time to that use of your Personal Information if your local law gives you that right.

NOTICE REGARDING CHILDREN

We do not intentionally gather Personal Information about visitors who are under the age of 13. Furthermore, we do not intentionally allow visitors under the age of 18 to place orders via our Sites. If a child under 13 submits Personal Information to us and we learn that the Personal Information is the information of a child under 13, we will attempt to delete the information as soon as possible. If you believe that we might have any Personal Information from a child under 13, please contact us using the information in the below “Contact Us” section.

By using this Site, 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 this Site.

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 “Order” website and application, and the Five Guys “Career” website, are operated by our trusted partners and are not controlled or operated by Five Guys. The terms of our Privacy Policy do not apply to these outside websites and applications, and these websites and applications have their own Terms of Service and Privacy Policy. We are not responsible for the privacy practices of these websites and applications, 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.

Once you leave our store’s website or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or our website’s Terms of Service. For your convenience, we may provide pop-up banners or notices in some instances when you leave our store’s website 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 Site.

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

NOTICE REGARDING OUR SHOPIFY STORE

Our “Five Guys Gear” store is hosted by Shopify Inc. They provide the online e-commerce platform that allows us to sell our products and services to you.

Any Personal Information you provide through the Shopify platform, or that is otherwise collected by Shopify, is stored in Shopify’s data storage facilities, databases, and the general Shopify application on a secure server behind a firewall.

If you choose a direct payment gateway to complete your purchase, then Shopify stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that transaction is complete, your purchase transaction information is deleted or rendered unreadable (masked).

All direct payment gateways on Shopify adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express, and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.

For more information about Shopify’s privacy practices and use of information, please see Shopify’s Terms of Service (https://www.shopify.com/legal/terms) and Privacy Statement (https://www.shopify.com/legal/privacy).

PRIVACY POLICY UPDATES

This Privacy Policy is subject to revision, and if we make any substantial changes in the way we collect, use, or disclose your Personal Information, we will post a notice on this page. If you object to any such changes, you must cease using the Sites. Continued use of our Sites following notice of any such changes shall indicate your acknowledgement of such changes and agreement to be bound by the revised terms and conditions of our revised Privacy Policy.

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 manage your Personal Information as permitted under the General Data Protection Regulation (GDPR), please contact our Privacy Officer at the below e-mail or mailing address:

E-mail: privacy@fiveguys.com

Five Guys Enterprises, LLC
10718 Richmond Highway
Lorton, VA 22079 USA
Attn: Privacy Officer

Effective Date: 24 May, 2018
Privacy Policy Location: http://www.fiveguys.com/Contact-Us/Privacy-Policy

PERSONAL INFORMATION REQUEST SUBMISSIONS

Depending on your local law, you may have the you may have the right to control your Personal Information as described in the “Your Rights Regarding Your Information” section above and as reproduced below for your convenience. 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 privacy@fiveguys.com or by mail using the contact information listed in the “Contact Us” section above. Please include “Personal Information Request” in the subject line of your e-mail.

Subject to local law, 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:

  1. Your first and last name;
  2. Your e-mail address;
  3. Your phone number;
  4. If you were an employee of Five Guys in the past, your employee ID number;
  5. Your country or countries of citizenship; and,
  6. 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.

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.

If you have a concern about our handling of your Personal Information or your request, please contact us first using the information in the “Contact Us” section below 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 may also have a right to a judicial remedy if it is determined your Personal Information is being used illegally.