1. Information We Collect

We may collect personal information about you when you visit our restaurants, use our websites or mobile apps (“online services”), and otherwise interact with us (collectively, “services”). The information we collect falls into three categories: (a) information you provide us; (b) information we collect through automated methods, and (c) information we collect from other sources.

Generally, your providing of your personal information is voluntary. However, there may be situations where your providing of personal information is necessary to provide a service or is required by law. Please note that in certain cases, we may be unable to provide you with our services unless you provide the information. We will let you know when the providing of your personal information is necessary.

We may combine the information you provide us, with information that is collected through automated methods, and with information we receive from other sources.

We collect information you provide us

You may provide the following information to us, depending on how you interact with us:

• personal details, such as your name, postal and email addresses, phone number, birthday information and other contact information, when you register with our online services, log-in to Wi-Fi, enter one of our competitions, or contact us by phone or through our online services;
• transaction information, including information about the products you buy, prices, method of payment and payment details;
• account information, such as your username or password (or anything else that identifies you) used to access our online services or to buy or use our products and services;
• profile information, including products and services you like, or times you prefer to visit us; and
• other personal information you choose to provide us when you interact with us.

We collect information through automated methods

We may use automated technology to collect information from your computer system or mobile device when you visit our restaurants, use our online services, or in-restaurant technology. Automated technology may include cookies, local shared objects, and web beacons. There is more information below about cookies and other technologies in Section 6.

We may collect information about your:

• internet protocol (IP) address;
• date and time of access of our online services or in-restaurant technology;
• name and URL of the file retrieved when you use our online services;
• computer or mobile-device operating system and browser type;
• type of mobile device and its settings;
• unique device identifier (UDID) or mobile equipment identifier (MEID) for your mobile device;
• device and component serial numbers;
• advertising identifiers (for example, IDFAs and IFAs) or similar identifiers;
• referring website (a site that has led you to ours) or application; and
• activity related to how you use our online services, such as the pages you visit on our sites or in our mobile apps.

Our online services and in-restaurant technology may collect information about the exact location of your mobile device or computer using geolocation and technology such as GPS, Wi-Fi, Bluetooth, or cell tower proximity. For most mobile devices and computer systems, you will be requested to give your permission for Nathan’s Famous to process this information. You are able to withdraw your permission for us to collect this information by using the device or web-browser settings. If you have any questions about how to prevent us from collecting exact information about your location, we recommend you contact your mobile-device service provider, the device manufacturer, or your web-browser provider. Some online services and in-restaurant technology may not work properly without information about your location. If you would like us to delete information we have collected which could identify your location, please contact us at our Global or Local Data Protection Office using the contact information provided below. By law, we may need to keep certain information.

We collect information from other sources

We may collect information about you from other companies and organizations, including public databases, social media platforms, or third party partners such as analytics or marketing providers. We may also collect information that is publicly available. For example, we may collect public profile information about you when you interact with us through social media. We may also collect communications to us or regarding us on social media.

We may combine the information you provide us, with information that is collected through automated methods, and with information we receive from other sources.

2. How we use the information we collect

We may use the information we collect in the following ways.

To provide our services and contract with you:

• carry out your requests, fulfill orders, and process payments for our products and services;
• communicate with you about your orders, purchases or accounts with us, requests, questions, and comments;
• provide online services to you, which includes our websites or mobile apps; and
• provide customer support, including to process any concerns about our services.
• To market to you, improve our services, and the following additional legitimate business interests:

• tell you about our products and services, competitions, offers, promotions or special events that we believe may interest you;
• tell you about the products and services of our business partners;
• personalize your experience in our restaurants and on our online services;
• manage our business, including developing new products and services, conducting consumer and operations research, and assessing the effectiveness of our sales, marketing, and advertising;
• use analytics and profiling technology to personalize your experience, deliver content (including advertising) tailored to your interests and how you use our online services or in-store technologies, manage our business, help diagnose technical and service issues, administer our online services and in-store technologies, identify users of our online services, identify a device for fraud prevention purposes, gather demographic information about our customers, and determine usage patterns of our services;
• maintain, manage, and improve our products, offers, promotions, and online services and other technology;
• ensure the security of our networks and systems.

To comply with applicable law:

• protect against, identify and prevent fraud and other crime, claims and other liabilities;
• comply with legal obligations and our policies;
• establish, exercise or defend a legal claim; and
• monitor and report compliance issues.

With your consent (where required by applicable law), we may use the information we collect for the following purposes:

• to send you e-mails or text messages about our products and services, competitions, offers, promotions or special events that we believe may interest you;
• to send you e-mails or text messages about the products and services of our business partners;
• provide location-based services;
• provide online services to children (if parental consent is provided);
• deploy cookies and similar technologies; and
• provide online services to you, which includes our websites or mobile apps.

We may use the information we collect about you in other ways, which we will tell you about at the time we collect it or for which we will seek your consent.

3. How we share the information we collect

We do not sell your personal information and only share your information as described in this privacy statement.

We may share your personal information with vendors who provide services to us, such as fulfilling orders, providing data processing and other information technology services, managing promotions, contests, prize draws and sweepstakes, carrying out research and analysis, and personalizing individual Nathan’s Famous customer experiences. We do not allow these vendors to use this information or to share it for any purpose other than to provide services on our behalf.

We may, for strategic or other business reasons, decide to sell or transfer all or part of our business. As part of that sale or transfer, we may pass information we have collected and stored, including personal information, to anyone involved in the sale or transfer.

There may be times where we may share information when it does not directly identify you. For example, we may share anonymous, aggregated statistics about your use of our online services. Or we may combine information about you with other customers and share the information in a way that does not link to a specific customer.

We have the right to use or share personal information as necessary to keep to any law, regulation or legal request, to protect our online services and in-restaurant technology, to bring or defend legal claims, to protect the rights, interests, safety and security of our organization, our employees or franchisees, or members of the public, or in connection with investigating fraud or other crime, or violations of our policies.

4. Children’s Privacy Notice

We understand how important it is to protect your privacy when you use our online services. We are especially committed to protecting the privacy of children who visit or use our online services. For more information on how a specific country protects children’s privacy, please see the country specific addenda below.

We urge parents to regularly monitor and supervise their children’s online activities. If you have any questions about our children’s privacy practices, please contact us at our Global or Local Data Protection Office using the contact information provided below. If you are contacting a Local Data Protection Office, please choose the office in the country in which you are a customer.

5. Your Choices

Marketing Communications

If you have agreed to receive marketing communications from us, you can later opt out by following the opt-out instructions in the marketing communications we send you. You can also generally find your communication preferences with instructions on how to opt out in the profile section of the online services that you use. You may also have the ability to change your communication preferences using your device settings.

If you do opt out of receiving marketing communications from us, we may still send communications to you about your transactions, any accounts you have with us, and any contests, competitions, prize draws or sweepstakes you have entered. Opting out of one form of communication does not mean you have opted out of other forms as well. For example, if you opt out of receiving marketing emails, you may still receive marketing text messages if you have opted in to receiving them. Please note that if you are receiving communications from a Nathan’s Famous franchise, then you will need to opt out from them directly.

We do not share personal information with third parties for their own direct marketing purposes, unless you give us permission to do so. When we give you notice, and you consent, we will share your personal information as you direct us to.

Your Personal Information Rights

In certain countries, individuals are entitled to the right to access, correct, transmit, restrict, delete and object to processing of the personal information we have collected. In these certain countries, individuals are also entitled to withdraw consent to processing of personal information.

6. Use of our online services and other technology

We, and our vendors who provide services to us, may use cookies, web beacons and other similar technologies on our online services and in other areas related to our business, such as online advertising, to collect information and provide you with the services or products that you have requested.

Cookies and other technologies

A “cookie” is a small text file that is placed onto an Internet user’s web browser or device and is used to remember and/or obtain information about the user. Some countries in which we operate may have a cookies policy. That specific information, by country, is provided below.

A “web beacon” is a small object or image that is embedded into a web page, application, or email and is used to track activity. They are also sometimes referred to as pixels and tags.

Please note the following:

• You might be assigned a cookie when using our online services.
• We offer certain features that are available only through the use of cookies and other similar technologies.
• We may use both session (for the duration of your visit) and persistent (for the duration of a fixed period of time) cookies and other tracking technologies.
• Our online services and other areas related to our business may have web beacons.
• We use cookies, web beacons and other similar technology, to collect information for the purposes described in this privacy statement. We may also combine the information collected by these technologies with information we have collected about you by other means that are described in this privacy statement.

We may use these technologies to:

• uniquely identify you or your device;
• allow you to access and use our online services, where without them, our online services may not work properly;
• further system security where appropriate;
• statistical purposes, in order to measure use of our websites and mobile apps;
• improve our products and services;
• help us monitor the performance (e.g., traffic, errors, page load time, popular sections, etc.) of our online services;
• remember you, for your convenience, when you visit our online services
• help customize your experience;
• to market to you through targeted advertising; and
• for other purposes described in the section of this privacy statement titled, “How we use the information we collect.”

For example, we may use certain technologies to determine whether you have opened an e-mail or clicked on a link contained in an e-mail, how you use the pages and content in our mobile apps, or whether you have clicked on a Nathan’s Famous online advertisement.

Both we and others (such as our advertising networks) may use these technologies to collect information about your online activities, over time and across third-party websites and devices, and when using our online services to further personalize your experience with us.

Use the options in your web browser if you do not wish to receive a cookie or if you wish to set your browser to notify you when you receive a cookie. Click on the “Help” section of your browser to learn how to change your cookie preferences. If you disable all cookies, you may not be able to take advantage of all the features available on a website.

Some newer web browsers may have a “Do Not Track” preference that transmits a “Do Not Track” header to the websites you visit with information indicating that you do not want your activity to be tracked. Nathan’s Famous does not currently take actions to respond to Do Not Track signals because a uniform technological standard has not yet been developed. We continue to review new technologies and may adopt a standard once one is created.

Where video is available on our online services, we may target and track the videos you view. You consent to our tracking of your video viewing through online services or third-party social media for up to two years, or as otherwise permitted by applicable law, or until you withdraw your consent.

More information regarding how cookies and technology are used in a country in which you are a customer may be available in the country specific addenda.

Targeted advertising

When you use our online services, we (and our vendors who provide services to us) may collect information about your activities so that we can provide you with advertising tailored to your interests.

Because we take part in advertising (“ad”) networks, you may see certain ads on other websites. Ad networks allow us to target the information we send you based on your interests, other information related to you, and contextual means. These ad networks track your online activities over time by collecting information through use of cookies, web beacons, and web-server logs. The ad networks use this information to show you advertisements that may be of particular interest to you. The ad networks we take part in may collect information about your visits to websites that also take part in the relevant ad network, such as the pages or advertisements you view and how you use the websites. We use this information, both on our online services and on third-party websites that take part in the ad networks, to provide you with advertising tailored to you, and to help us assess how effective our marketing is.

7. Links to other websites and social media

Our online services may offer links to websites that are not run by us but by third parties. If you visit one of these linked websites, you should read the website’s privacy policy, terms and conditions, and their other policies. We are not responsible for the policies and practices of third parties. Any information you give to those organizations is dealt with under their privacy policy, terms and conditions, and other policies.

We may also have providers of other apps, tools, widgets and plug-ins on our online services, such as Facebook “Like” buttons, which may also use automated methods to collect information about how you use these features. These organizations may use your information in line with their own policies.

8. Information Security

We are committed to taking appropriate measures designed to keep your personal information secure. Our technical, organizational and physical procedures are designed to protect personal information from accidental, unlawful or unauthorized loss, access, disclosure, use, alteration, or destruction. While we make efforts to protect our information systems, no website, mobile application, computer system, or transmission of information over the internet or any other public network can be guaranteed to be 100% secure.

9. Retention

We keep your information for the length of time needed to carry out the purposes outlined in this privacy statement and to adhere to our policies on keeping records (unless a longer period is needed by law). Our records policies reflect applicable laws. We will retain and use your information to the extent necessary to comply with our legal obligations (for example, if we are required to retain your information to comply with applicable tax/revenue laws), resolve disputes, enforce our agreements, and as otherwise described in this statement.

10. Changes to Privacy Statement

This privacy statement is in effect as of the date noted at the top of the statement. We may change this privacy statement from time to time. If we do, we will post the revised version here and change the “last updated date” (the date it applies from) at the top of the statement. You should check here regularly for the most up-to-date version of the statement.