LOCATIONS MENUS ABOUT JOIN THE MAILING LIST HAPPENINGS GIFT CARDS MEDIA ORDER ONLINE RESERVATIONS FACEBOOK INSTAGRAM TIKTOK PRIVACY POLICY Burger Keeper, LLC and its affiliates (the “Company,” “we” or “us”) are concerned about your privacy. This privacy policy (“Privacy Policy”) explains Company’s policies and procedures regarding the collection, use and disclosure of personal information and data we receive from users of the website we own and operate, namely 5napkinburger.com (the “Site”). This Privacy Policy applies only to information collected through the Site. Capitalized terms not defined in this Privacy Policy have the meanings given in our Terms of Use. This Privacy Policy is part of, and incorporated into, the Terms of Use. By visiting this Site, you are accepting the policies and practices described in this Privacy Policy, as such Privacy Policy may be amended from time to time. Each time you visit the Site, you agree and expressly consent to our collection, use and disclosure of the information that you provide as described in this Privacy Policy. IF YOU ARE A USER ACCESSING THE SITE FROM THE EUROPEAN UNION, ASIA, OR ANY OTHER REGION WITH LAWS OR REGULATIONS GOVERNING PERSONAL DATA COLLECTION, USE, AND DISCLOSURE THAT DIFFER FROM UNITED STATES LAWS, PLEASE BE ADVISED THAT THROUGH YOUR CONTINUED USE OF THE SITE, WHICH IS GOVERNED BY UNITED STATES LAW, THIS PRIVACY POLICY, AND OUR TERMS OF USE, YOU ARE TRANSFERRING YOUR PERSONAL INFORMATION TO THE UNITED STATES AND YOU CONSENT TO THAT TRANSFER. ADDITIONALLY, YOU UNDERSTAND THAT YOUR PERSONAL INFORMATION MAY BE TRANSFERRED TO AND PROCESSED IN COUNTRIES (INCLUDING THE UNITED STATES) WHERE LAWS REGARDING PROCESSING PERSONAL INFORMATION MAY BE LESS STRINGENT THAN THE PROCESSING OF PERSONAL INFORMATION IN YOUR COUNTRY. Types of Information We Collect We collect both “Personal Information” and “Anonymous Information” about our users. To be clear about the terminology we are using, when we use the phrase “Personal Information” in this Privacy Policy, we mean information about you that is personally identifiable, like your name, address, e-mail address, or phone number, as well as other non-public information that is associated with this Personal Information. When we use the phrase “Anonymous Information” in this Privacy Policy, we mean information that is not personally identifiable, or linked to your Personal Information such as aggregated information, general demographic information and IP addresses. Anonymous Information does not enable identification of individual persons. If you only browse through the Site, visit, read pages, or download information you are permitted to download, we may automatically gather and store certain Anonymous Information about your visit. If you choose to make an online restaurant reservation, join our mailing list, purchase a gift card, apply for or inquire about an employment opportunity, request a philanthropic donation or otherwise provide us with your Personal Information, we will collect and store such Personal Information and use it for the purpose for which you provided it to us. You may request that any Personal Information we receive from you be deleted from our database. Please review the section below on “opt-out” for further information on deletion. Information we automatically collect and store about your visit to our Site may include some or all of the following: (i) the anonymous IP address, which is a number that is automatically assigned to your computer whenever you are browsing the Web; (ii) the type of browser and operating system used to access our Site; (iii) the date and time you access our Site; (iv) the pages you visit; and (v) the address (URL) of the web site from which you linked to our Site. How We Use Your Information We may use your Personal Information to make/confirm your restaurant reservation, process and evaluate your employment application, process your gift card order, occasionally send you information on events and offers relating to one or more of our restaurants, or to otherwise respond to you. We may use Anonymous Information to help us make our Site more useful to visitors or to learn about the number of visitors to our Site and the types of technology our visitors use. We do not track or record information about individuals and their visits. We use “cookies” to collect some of this Anonymous Information. A “cookie” is a small text file that is stored on a user’s computer for record-keeping purposes. The cookies never include Personal Information and visitors that we track cannot provide us with Personal Information through normal movement across the Site. We may also use “log data” to collect some of this Anonymous Information. This log data may include information such as your computer’s internet protocol address (more commonly known as an IP address), browser type, the webpage you were visiting prior to your arrival at the Site, the pages of our Site that you visit, the time spent on those pages, access times and dates, and other statistics as well as the unique identifier for your computer, mobile phone or any other electronic device used to access the Site. We use this information to monitor and analyze use of the Site, for technical administration, to increase functionality and user-friendliness, and to better tailor the Site to the needs of our users. We do not treat log data as Personal Information or use it in association with other Personal Information, though we may aggregate, analyze and evaluate such log data. How We Share and Disclose Information We know how important it is to keep your information confidential. We will not rent, sell or share your Personal Information with third parties except as specifically approved by you at the time of disclosure or under the circumstances described in this Privacy Policy. We share your Personal Information only with our affiliates, subsidiaries or joint ventures, in which case we will require them to honor this Privacy. We DO NOT share Personal Information with unaffiliated third parties. We may disclose information we have collected about you if required to do so by law or if we, in our sole discretion, believe that disclosure is reasonable to comply with the law, requests or orders from law enforcement, or any legal process (whether or not such disclosure is required by applicable law), or to protect or defend the Company’s, or a third party’s, rights or property. In the event we undergo a business transition such as a merger, acquisition by another company, or sale of all or a portion of our assets, your Personal Information may be among the assets transferred. You acknowledge that such transfers may occur and are permitted by this Privacy Policy, and that any entity that acquires us, is merged with us or that acquires our assets may continue to process your Personal Information as set forth in this Privacy Policy. Opt-Out When you supply us with Personal Information, from time-to-time, you may be asked to indicate whether you are interested in receiving information from us about special offers in connection with the Site and services, and/or our advertisers and partners. Unless you opt- out to receive such communications, we may, from time to time, send you marketing communications. At any time, you can choose to no longer receive commercial or promotional emails from us by sending us an email to info@5napkin.com. Also, in any promotional email we send, you will be given the opportunity to opt out of receiving such messages in the future by clicking on the link at the bottom of the email that says “unsubscribe.” It may take up to 10 days for us to process an opt-out request. Even if you have unsubscribed from receiving promotional emails from us, we may send you other types of important email communications without offering you the opportunity to opt out of receiving them. These may include customer service announcements, administrative notices and surveys. Please note that changing information in registration account or opting out of receiving promotional email communications will affect only future communications from us. If we already provided your information to a third party (such as an affiliate) before you changed your preferences or updated your information, you may have to change your preferences directly with that party as well. Partner Site When you access a website or communicate with or use an application operated by any entity other than us (e.g., Open Table), we call that website a partner site (“Partner Site”). Unless we clearly indicate otherwise at the time of collection, we do not share Personal Information with a Partner Site. Please be aware however that the Partner Site may collect information about you. By the mere virtue of your presence on the Partner Site, the Partner Site may be able to collect information about you and/or the way you interact with or use the Partner Site. Some Partner Sites may create a “co-branded” webpage or “powered by” webpage that shares our name and that of another entity (the “Co-branded Page”). There may be a specific privacy policy on any such Co-branded Page. Any Personal Information that you provide when you sign up at any Co-branded Page may be collected by, shared with, or otherwise used by our third party partner. Please see the Partner Site’s privacy policy to better understand what information is collected, how it is used and shared, and your choices regarding control. Security and Data Retention We are very concerned with safeguarding your Personal Information. We employ administrative, physical and electronic measures designed to protect your Personal Information from unauthorized access. We will make any legally required disclosures of any breach of the security, confidentiality, or integrity of your unencrypted electronically stored “personal data” (as defined in applicable state statutes on security breach notification) to you via email or conspicuous posting on the Site in the most expedient time possible and without unreasonable delay, insofar as consistent with (i) the legitimate needs of law enforcement or (ii) any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system. Although “guaranteed security” does not exist either on or off the internet, we make commercially reasonable efforts to make the collection and security of such information consistent with this Privacy Policy and all applicable laws and regulations. We will retain your Personal Information only for as long as necessary to fulfill the purpose(s) for which it was collected and to comply with applicable laws and your consent to such purpose remains valid after termination of our relationship with you. Children’s Information The Site is not directed or intended for children under 13 years of age. We do not knowingly collect or solicit Personal Information from individuals under 13 years of age. No one under age 13 may provide any Personal Information to the Site. If you are under 13 years of age, you should not register or provide Personal Information through the Site. If we later obtain actual knowledge that a user is under 13 years of age, we will take steps to remove that user’s Personal Information from our systems. If you are the parent or guardian of a child whom you believe has disclosed Personal Information to us or if you believe that we might have any information from a child under age 13, please contact us via email at info@5napkin.com so that we may delete and remove such child’s information from our systems. We strongly recommend that minors 13 years of age or older ask their parents for permission before sending any information about themselves to anyone over the internet and we encourage parents to teach their children about safe internet use practices. Third Party Links This Privacy Policy does not address the privacy practices of any websites that link to or from our Site. We do not monitor, control, or endorse the information collection or privacy practices of any third parties. Please consult the privacy practices of these companies before submitting any data to them. The ability to access information of third parties from the Site, or links to other websites or locations, is for your convenience only and does not signify our endorsement of such third parties, their products, services, websites, locations or their content. Changes in this Privacy Policy We reserve the right to change, modify, add or remove portions of this Privacy Policy at any time and without prior notice. However, we will not use your Personal Information in a way that is materially different than the uses described in this Privacy Policy without giving you an opportunity to opt out of such differing uses. We will post those changes to this privacy policy, the homepage, and other places we deem appropriate so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. Your California Privacy Rights Under California’s “Shine the Light” law, California residents have the right to request in writing from businesses with whom they have an established business relationship (1) a list of the categories of Personal Information, such as name, address, e-mail address, and the type of services provided to that customer, that a business has disclosed to third parties (including affiliates that are separate legal entities) during the immediately preceding calendar year for the third parties’ direct marketing purposes, and (2) the names and addresses of all such third parties. To request the above information, please email us at info@5napkin.com Contact Us If you have any questions or suggestions regarding privacy or security of our Site, please contact us at: info@5napkin.com or at: Burger Keeper, LLC 630 9th Ave. Ste. 803 New York, NY 10036 LOCATIONS: HELL’S KITCHEN UPPER EAST SIDE UPPER WEST SIDE UNION SQUARE JOIN OUR MAILING LIST ACCESSIBILITY CAREERS PRIVACY POLICY FACEBOOK INSTAGRAM TIKTOK © 2021 5 NAPKIN BURGER WEBSITE DESIGNED BY ORPHMEDIA