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PRIVACY POLICY
THE FIVE GUYS GROUP

Five Guys Group's Privacy Policy includes the following sections:

FIVE GUYS FRANCHISEE PRIVACY POLICY

INTRODUCTION

In this Franchisee Privacy Policy (Privacy Policy):

  • References to Five Guys Franchise and Franchise means a franchise operated under the FIVE GUYS® brand.
  • References to we, us or our means the Five Guys entity that processes your application to operate a Five Guys Franchise or that contracts with the organisation that operates the Five Guys Franchise you are employed or engaged by (Five Guys). The Five Guys entity will be a subsidiary or affiliated company, as amended from time to time, of Five Guys Holding, Inc. operating outside the USA and Canada in: Belgium, Ireland, Italy, Luxemburg, the Netherlands, and Switzerland. You can obtain further information on our subsidiary or affiliated companies by getting in touch via the How to Contact Us section below.
  • References to the Websites mean the following websites found at (as amended from time to time):
  • References to you or your means any individual who is employed or otherwise engaged by an organisation that operates or applied for a Five Guys Franchise.
  • If you are a franchisee located in the USA or Canada, this Privacy Policy will not apply to you. Please instead refer to our privacy notice at www.fiveguys.com.

PRIVACY POLICY

This Privacy Policy (together with any agreements entered into between Five Guys and the organisation you are employed or engaged by), sets out the basis on which we collect and use personal information about you in connection with an application to operate or operation of a Five Guys Franchise.

This Privacy Policy describes:

  • who is responsible for the personal information that we collect about you;
  • the personal information we collect about you;
  • how we will use it;
  • who we may disclose it to; and
  • your rights and choices in relation to your personal information.

This is to make sure you have a full picture of how we collect and use your personal information.

In this Privacy Policy where we use the words personal information we use these words to describe information that is about you and other individuals (for example, your business referees whose names and contact details are provided in relation to your application to operate a Five Guys Franchise) and is information which identifies you or them.

You have the right to object to our use of your personal information in certain circumstances. A summary of your right to object (along with your other rights under data protection law) and details of who to contact if you want to exercise these rights can be found at the How to Contact us section below. For further information on your rights see the Your rights section below.

WHO IS RESPONSIBLE FOR THE PERSONAL INFORMATION THAT WE COLLECT?

For the purpose of data protection law, we are the controller in respect of your personal information collected and used in connection with an application to operate, or the operation of, a Five Guys Franchise. This is because we dictate the purpose for which your personal information is used and how we use your personal information.

WHAT PERSONAL INFORMATION DO WE HOLD ABOUT YOU?

The personal information that we hold about you may include the following:

Type of Personal Information

Examples

General

Contact information.

Name, address, email address, telephone number and job title.

Communications between you and Five Guys.

Communications between you and us in relation to a Five Guys Franchise.

Details of your expertise.

Details relating to your skills and expertise, previous work experience and qualifications and details included in your application to operate a Five Guys Franchise.

Telephone recordings.

Recordings of telephone calls with our representatives and call centres.

CCTV recordings.

CCTV recordings captured by equipment on our premises. The personal information is available for up to 28 days after our external IT company, ComputerHulp logs in to access the recordings. The data will be automatically deleted after this time period.

Financial

Credit checks.

We may ask a third party to carry out credit background identity checks about you.

Financial information from all financial institutions holding funds or property on your behalf (to the extent that this constitutes personal information).

Records, statements and all documentation showing the source of any deposited sums.

Financial information and account details (to the extent that this constitutes personal information).

Bank account number, or other financial details so that we can make payments to you pursuant to the terms of the contract between you and Five Guys.

We also collect certain personal information from other third party sources, including:

  • reference checking agencies (including details of any Judgements made against you, and employment checks and referencing);
  • from law enforcement agencies;
  • Government departments depending on where in the EEA you are engaged;
  • publicly available sources such as Facebook, Instagram, LinkedIn, Snapchat or Twitter (and any other equivalent sources);
  • sales information, delivery numbers and food safety information collected through Food Alert Limited; • customer experience information collected by Marketforce Information LLC;
  • due diligence and background checks carried out on you by Kreller Business Information Group, Inc, an Ohio incorporation, Ohio 45202-2183.

INFORMATION ABOUT THIRD PARTIES

In the course of your involvement, engagement and interaction with us you may provide us with personal information relating to third parties.

We will use this personal information in accordance with this Privacy Policy. If you are providing personal information to us relating to a third party, you confirm that you have the consent of the third party to share such personal information with us and that you have made the information in this Privacy Policy available to the third party.

AUTOMATED DECISION MAKING

When you (as a sole trader or as a partner in a partnership) apply for a Five Guys Franchise, we use an automated system known as the Online Franchise Form to determine your eligibility to operate a Five Guys Franchise. This is a method of assessing potential franchise opportunities. This system enables us to make fair and informed decisions on whether you are assessed as an appropriate candidate to apply for a Five Guys Franchise.

Some of these decisions do not involve human input and the systems apply pre-defined logic programming and criteria to make a decision. For example, we use information about your capital availability, and capital source (such as your cash reserves, bank funding, private equity or other funding available to you). This information is analysed by automated means which uses statistical models and rule based systems to evaluate your credit worthiness, affordability and overall financial health.

HOW DO WE USE THE PERSONAL INFORMATION WE COLLECT ABOUT YOU?

We use your personal information for a variety of different purposes. In particular, your personal information may be used by us, our employees, service providers, and disclosed to third parties for the purposes set out in the table below. For each of these purposes, we have set out the legal basis upon which we rely in order to use your personal information.

Under data protection law, we can only use your personal information if we have a legal basis to do so. Examples of where we have a legal basis to process your personal information, includes when:

  • we have your consent;
  • it is necessary to enter into or perform a contract we have with you (or to take steps at your request prior to entering into that contract);
  • it is necessary in order to protect your vital interests;
  • it is in our legitimate interests to process your personal information; or
  • the processing is necessary to comply with a legal duty.

We must tell you which legal basis we are relying on when we use your personal information. The legal basis we rely on is set out below together with the purposes that we use your personal information for.

Purpose

Legal Basis

To communicate with you in relation to our dealings with you.

Legitimate interests: We require your personal information in order to enable us to assess any application to operate a Five Guys Franchise with us, during the operation of the Five Guys Franchise, to operate our business and for the purposes of furthering our business.

Performance of a contract we have with you. This will only be applicable if you are personally entering into a franchise agreement as a sole trader or as a partner in a partnership.

To assess any application for a Five Guys Franchise and decide whether the application is successful.

Legitimate interests: We require your personal information in order to process and assess an application to operate a Five Guys Franchise and to enable us to manage and carry out our operations as a business.

Necessary to enter into or perform a contract we have with you. This will only be applicable if you are a sole trade or a partner in a partnership

To carry out our obligations arising from the relevant franchise agreement.

Legitimate interests: It is in our legitimate interest to comply with the terms of the franchise agreement we have in place.

Performance of a contract we have with you. This will only be applicable if you are a sole trader or a partner in a partnership.

To receive payments from you.

Performance of a contract we have with you. This will only be applicable if you are a sole trader or a partner in a partnership.

Legitimate interests: It is in our legitimate interest to comply with the terms of the franchise agreement we have in place.

To manage any service or quality related issues, complaints, feedback and queries in relation to the operation of the Five Guys Franchise.

Legitimate interests: We require your personal information in order to ensure the Five Guys Franchise operated to the high standards required by us and to enable us to manage and carry out our operations as a business.

Performance of a contract we have with you. This will only be applicable if you are a sole trader or as a partner in a partnership.

To comply with any legal or regulatory obligations (including in connection with a court order).

Necessary for compliance with a legal obligation to which we are subject.

CCTV recordings to prevent and detect crime.

Legitimate interests: We require your personal information in order to protect your business against unlawful activity.

To inspect and electronically monitor all information generated by you in the operation of the Franchise as may be contained or stored in the central Five Guys IT systems.

Legitimate interests: We require your personal information in order to ensure that the highest degree of quality and service is maintained in the Five Guys restaurant that you are operating under the terms of the Franchise Agreement, and to ensure the restaurant is operated in strict conformity with such methods and standards as are required by Five Guys.

PERFORMANCE OF A CONTRACT

We may be required to obtain your personal information to comply with our legal requirements, to enable us to fulfil the terms of any franchise agreement or in preparation of us entering into a franchise agreement. If you do not provide the relevant personal information to us, we may not be able to perform our obligations pursuant to your contract with us or process any application to operate a Five Guys Franchise.

WHO MAY WE DISCLOSE YOUR PERSONAL INFORMATION TO?

We may share your personal information with:

Type of third party

Examples

General

Our group companies.

Other companies and entities that are part of the Five Guys Group.

Our service providers.

Our business partners, suppliers and subcontractors in relation to the assessment of an application for a Five Guys Franchise, for example:

  • our IT systems providers ComputerHulp;

  • Purple Wifi Limited who provide the Wi-Fi services to Five Guys stores in the Netherlands and Belgium;

  • Kreller Business Information Group Inc who carry out due diligence on behalf of Five Guys in relation to potential Franchise applicants where you are a sole trader and where you are a key contact for an applicant that it is a corporate entity;

  • our IT cloud services solution which is Microsoft's Office 365 OneDrive, Outlook, Word, Excel, PowerPoint, OneNote, SharePoint

  • Food Alert Limited in relation to food safety consulting services:

  • Marketforce Information LLC in relation to information on customer experience in the restaurants;

  • Transperfect Translations International Inc.

  • in relation to translation services;

  • Thirty3 Degrees Consultancy DWC, LLC;

  • NCR Corporation in relation to POS consulting services; and

  • NetDefender LTD in relation to network consulting services.

A current list of these third party service providers with whom we share your personal information can be provided to you on application to the Legal Department at legal@fiveguys.nl.

Our professional advisers.

Including accountants, lawyers and other professional advisers that assist us in carrying out our business activities, a current list of these third parties can be provided to you on application to the Legal Department at legal@fiveguys.nl.

Reference checking agencies who undertake certain checks on our behalf about you.

This may include credit reference checks and details of any judgements entered against you, for the purpose of assessing an application to operate a Five Guys Franchise. We share your name and current address with such reference checking agencies, who will then contact you directly to undertake such checks.

Government authorities and third parties involved in court action.

External agencies and organisations (including the police, the relevant local authority depending on where you are resident, relevant EEA Visas and Immigration departments, the Dutch State Secretary for Justice and Security and other law enforcement agencies) for the purpose of complying with applicable legal and regulatory obligations. For a full list of third parties with whom your particular personal information may be shared, please contact the Legal Department at legal@fiveguys.nl.

  • We may also disclose your personal information to other third parties, for example:
    • in the event that we sell or buy any business or assets we will disclose your personal information to the prospective seller or buyer of such business or assets;
    • if we or substantially all of our assets are acquired by a third party (or are subject to a reorganisation within our corporate group), personal information held by us will be one of the transferred assets; and
    • if we are under a duty to disclose or share your personal information in order to comply with any legal obligation, or we are involved in any litigation with you.

    WHERE WILL WE TRANSFER YOUR PERSONAL INFORMATION?

    We will process your personal information both within and outside the European Economic Area (EEA) (inter alia in the United Arab Emirates, Hong Kong and the United States of America, as amended from time to time).

    When we transfer personal information outside the (EEA), we will implement appropriate and suitable safeguards to ensure that such data will be protected as required by applicable data protection law, for example we will seek to anonymise it. If we can't anonymise your personal information, we will take reasonable steps to ensure that your personal information is protected. To do this we may use a set of standard data protection clauses which have been approved by the European Commission in accordance with Article 46 of the General Data Protection Regulation. For further information as to the safeguards we implement and to obtain a copy please contact the Legal Department at legal@fiveguys.nl.

    HOW LONG WILL WE KEEP YOUR PERSONAL INFORMATION

    We will retain your personal information for no longer than is necessary for the purposes for which the personal information are processed. The length of time we hold on to your personal information will vary according to what that information is and the reason for which it is being processed.

    To determine the appropriate retention period for personal information, we consider the amount, nature and sensitivity of the personal information, the potential risk of harm from unauthorised use or disclosure of your personal information, the purposes for which we process your personal information and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements which may specify how long we should retain your personal information for.

    We will keep your personal information for the duration of our contract with our franchise agreement and for a period of six years after that contract is terminated.

    If an application to operate a Five Guys Franchise is submitted and is unsuccessful, we will only retain your personal information for a period of two years from the date that you or the applicant are notified that the application was unsuccessful.

    For further information on our policy and how long we will keep your information for, please contact the Legal Department at legal@fiveguys.nl or by one of the other means of communication set out in the How to Contact Us section below.

    DATA SECURITY

    We have put in place appropriate security measures to seek to prevent your personal information from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal information to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal information on our instructions and they are subject to a duty of confidentiality. Details of these measures may be obtained from the Legal Department at legal@fiveguys.nl.

    We have put in place procedures to deal with any suspected data security breach and will notify you and any applicable regulator of a suspected breach where we are legally required to do so.

    YOUR RIGHTS

    The rights below are rights that apply under the EU General Data Protection Regulation and so will predominantly apply if your personal data is used by an entity established in the EEA. Therefore, the rights may not apply to everyone who receives this policy. The rights may only apply in certain circumstances and are subject to certain exemptions. Please see the table below for a summary of your rights. You can exercise these rights using the contact details below.

    Your rights

    Summary of your rights

    Right of access to your personal information

    You have the right to receive a copy of your personal information that we hold about you, subject to certain exemptions.

    We may require further information in order to respond to your request (for instance, evidence of your identity and information to enable us to locate the specific personal information you require).

    Right to rectify your personal information

    You have the right to ask us to correct your personal information that we hold where it is incorrect or incomplete.

    Right to erasure of your personal information

    You have the right to ask that your personal information be deleted in certain circumstances. For example:

    • where your personal information is no longer necessary in relation to the purposes for which they were collected or otherwise used;

    • if you withdraw your consent and there is no other legal ground for which we rely on for the continued use of your personal information;

    • if you object to the use of your personal information (as set out below);

    • if we have used your personal information unlawfully; or

    • if your personal information needs to be erased to comply with a legal obligation.

    Right to restrict the use of your personal information

    You have the right to suspend our use of your personal information in certain circumstances. For example:

    • where you think your personal information is inaccurate and only for such period to enable us to verify the accuracy of your personal information;

    • the use of your personal information is unlawful and you oppose the erasure of your personal information and request that it is suspended instead;

    • we no longer need your personal information, but your personal information is required by you for the establishment, exercise or defence of legal claims; or

    • you have objected to the use of your personal information and we are verifying whether our grounds for the use of your personal information override your objection.

    Right to data portability

    You have the right to obtain your personal information in a structured, commonly used and machine-readable format and for it to be transferred to another organisation, where it is technically feasible. The right only applies:

    • to personal information which you have provided to us;

    • where the use of your personal information is based on your consent or is necessary for the performance of a contract; and

    • when the use of your personal information is carried out by automated (i.e. electronic) means.

    Right to object to the use of your personal information (including to object to direct marketing, automated decision making and profiling)

    You have the right to object to the use of your personal information in certain circumstances and subject to certain exemptions. Examples of this right include;

    • where you have grounds relating to your particular situation and we use your personal information for our legitimate interests (or those of a third party);

    • where we use your personal data to take a decision which is based solely on automated processing where that decision produces a legal effect or otherwise significantly affects you; and

    • if you object to the use of your personal information for direct marketing purposes.

    Right to withdraw consent

    You have the right to withdraw your consent at any time where we rely on consent to use your personal information.

    Right to complain to the relevant data protection authority

    You have the right to complain to the relevant Data Protection Authority where you think we have not used your personal information in accordance with data protection law. This will depend on factors such as which Five Guys entity you are dealing with and where they are located, where the Five Guys Franchise is located, where you reside, or where the infringement occurred. Please see the list of Data Protection Authorities set out in the Annex to this Notice for details of the Data Protection Authorities which may be relevant in the event that you have a complaint.

    HOW TO COMPLAIN

    If you think there is a problem with how your personal information is being handled, please contact us by using the details set out in the How to Contact Us section below.

    You also have a right to complain to the Data Protection Authority in either the place you work, the place you live or the place the infringement occurred. The Annex attached to this Notice contains a list of all the Data Protection Authorities in the jurisdictions where Five Guys has its operations as at the date of this Policy. However, there may be other Data Protection Authorities that are relevant to you. Please refer to this Annex for further details of the Data Protection Authorities that are relevant to you. Please get in touch using the How to Contact us section below if you require further information.

    CHANGES TO OUR PRIVACY POLICY

    We will review this Privacy Policy regularly and we reserve the right to make any changes at any time to take account of changes in our business activities and legal requirements and the manner in which we process personal information.

    Any changes we make to this Privacy Policy in the future will be posted on the applicable Website, and, where appropriate, we will give reasonable advance notice of any changes to you by e-mail.

    HOW TO CONTACT US

    For all queries or issues relating to the collection or processing of your personal information by us If you have any questions regarding this Privacy Policy or the way we use your personal information (outside of the USA and Canada), you can contact us by e-mail or telephone to the Legal Department at legal@fiveguys.nl, or by mail to:

    Attention: Legal

    Piet Heinkade 55

    1019GM Amsterdam, the Netherlands.

    This Privacy Policy was last updated in August 2018.

    Annex 1

    (Data Protection Authorities (DPA))

    Country

    DPA

    Belgium

    Commision de la protection de la vie privée

    Commissie voor de bescherming van de persoonlijke levenssfeer

    Rue de la Presse 35 / Drukpersstraat 35

    1000 Bruxelles / 1000 Brussel

    Tel: +32 2 274 48 00

    Fax: +32 2 274 48 35

    E-mail: commission@privacycommission.be

    Website: http://www.privacycommission.be/

    France

    Commission Nationale de I'Informatique et deds Libertés – CNIL

    8 Rue Vivienne, CS 30223

    F-75002 Paris, Cedex 02

    Tel: +33 1 53 73 22 22

    Fax: +33 1 53 72 22 00

    Website: http://www.cnil.fr/

    Germany

    Die Bundesbeauftragte für den Datenschutz und die Informationsfreiheit Husarenstraße 30

    53117 Bonn

    Tel: +49 228 997799 0; +49 228 81995 0

    Fax: +49 228 997799 550; +49 228 81995 550

    E-mail: poststelle@bfdi.bund.de/

    Website: http://www.bfdi.bund.de/

    Ireland

    Data Protection Commissioner

    Canal House

    Station Road

    Portarlington

    Co. Laois

    Lo-Call: 1890 25 22 31

    Tel: +353 57 868 4800

    Fax: +353 57 868 4757

    E-mail: info@dataprotection.ie

    Website: http://www/dataprotection.ie/

    Italy

    Garante per la protezione del dati personali

    Piazza du Monste Citorio, 121

    00186 Roma

    Tel: +39 06 69677 1

    Fax: +39 06 69677 785

    E-mail: garante@garanteprivacy.it

    Website: http:www.garanteprivacy.it/

    Luxembourg

    Commission Nationale pour la Protection des Données

    1, avenue du Rock 'n' Troll

    L-4361 Esch-sur-Alzette

    Tel: +352 2610 60 1

    Fax: +352 2610 60 29

    E-mail: info@cnpd.lu

    Website: http://www/cnpd.lu/

    Netherlands

    Autoriteit Persoonsgegevens

    Prins Clauslaan 60

    P.O. Box 93374

    2509 AJ Den Haag/The Hague

    Tel: +31 70 888 8500

    Fax: +31 70 888 8501

    E-mail: info@autoriteitpersoonsgegevens.nl

    Website: https://autoriteitpersoonsgegevens.nl//nl

    Portugal

    Comissão Nacional de Protecção de Dados – CNPD

    R. de São, Bento, 148-3o

    1200-821 Lisboa

    Tel: +351 21 392 84 00

    Fax: +351 21 397 68 32

    E-mail: geral@cnpd.pt

    Website: http://www.cnpd./pt

    Spain

    Agencia de Protección de Datos

    C/Jorge Juan, 6

    28001 Madrid

    Tel: +34 91399 6200

    Fax: +34 91455 5699

    E-mail: internacional@agpd.es

    Website: https://www.agpd.es/

    Switzerland

    Data Protection and Information Commissioner of Switzerland

    Eidgenössischer Datenschutz – und Öffentlichkeitsbeauftragter

    Mr Adrian Lobsiger

    Feldeggweg 1

    3003 Bern

    Tel: +41 58 462 43 95;

    Fax: +41 58 462 99 96

    E-mail: contact20@edoeb.admin.ch

    UK

    The Information Commissioner's Office

    Water Land, Wycliffe House

    Wilmslow – Cheshire SK9 5AF

    Tel: +44 1625 545 745

    E-mail: international.team@ico.org.uk

    Website: https://ico.org.uk

FIVE GUYS SUPPLIER PRIVACY POLICY

INTRODUCTION

In this Supplier Privacy Policy (Privacy Policy):

  • References to we, us or our means the Five Guys entity that engages you for the supply of goods or services (and this will be set out in your supply contract that you have with us) (Five Guys). The Five Guys entity will be a subsidiary or affiliated company, as amended from time to time, of Five Guys Holding, Inc. operating outside the USA and Canada in: Belgium, Ireland, Italy, Luxemburg, the Netherlands, and Switzerland. You can obtain further information on our subsidiary or affiliated companies by getting in touch via the How to Contact Us section below.
  • References to you or your means any individual who supplies us with goods or services or is otherwise engaged or employed by one of our Suppliers.
  • References to Supplier means any organisation that supplies goods or services to us.
  • If you are a supplier of Five Guys in the USA or Canada, this Privacy Policy will not apply to you. Please instead refer to our privacy notice at www.fiveguys.com.

PRIVACY POLICY

This Privacy Policy (together with your terms of engagement or contract with us, and any other documents referred to in your terms of engagement or contract with us), sets out the basis on which we collect and use personal information about you when you or a Supplier supply us with goods or services.

This Privacy Policy describes:

  • who is responsible for the personal information that we collect about you;
  • the personal information we collect about you;
  • how we will use it;
  • who we may disclose it to; and
  • your rights and choices in relation to your personal information.

This is to make sure you have a full picture of how we collect and use your personal information.

In this Privacy Policy where we use the words personal information we use these words to describe information that is about you and is information which identifies you. .

You have the right to object to our use of your personal information in certain circumstances. A summary of your right to object (along with your other rights under data protection law) and details of who to contact if you want to exercise this right can be found at the How to Contact us section below. For further information on your rights see the Your rights section below.

WHO IS RESPONSIBLE FOR THE PERSONAL INFORMATION THAT WE COLLECT?

For the purpose of data protection law, we are the data controller in respect of your personal information collected and used in connection with the provision by you or the Supplier of goods or services. This is because we dictate the purpose for which your personal information is used and how we use your personal information.

WHAT PERSONAL INFORMATION DO WE HOLD ABOUT YOU?

In the course of the receipt by us of goods and services from you or the Supplier we collect and use personal information about you.

Information that we hold about you

The information that we hold about you may include the following:

Type of Personal Information Examples
General
Contact information. Name, address, email address, telephone number and job title.
Communications between you and Five Guys. Communications between you and Five Guys in relation to the goods or services supplied to us and the respective obligations of the parties to the contract.
Details of your expertise. Details relating to your skills and expertise, previous work experience and qualifications and details included in any pitch or tender response that you or the Supplier submit to us.
Telephone recordings. Recordings of telephone calls with our representatives and call centres.
Photographs and video recordings. Images (including photographs and pictures) or video recordings created in connection with our activities, as well as CCTV recordings captured by equipment on our premises.
Financial
Financial information and account details Bank account number, or other financial account number and account details in order that we can make payments to you pursuant to the terms of the contract between you and Five Guys.

We also collect information from other third party and publicly available sources such as Facebook, Instagram, LinkedIn, Snapchat or Twitter (or any other equivalent sources).

WHAT SENSITIVE PERSONAL INFORMATION DO WE HOLD ABOUT YOU?

We may also collect certain sensitive personal information from you (including any special categories of personal data). Where we do so we will rely on your explicit consent or we will notify you if we can rely on a different legal basis for processing this type of information.

INFORMATION ABOUT THIRD PARTIES

In the course of the provision of goods or services to us you may provide us with personal information relating to third parties such as your subcontractors.

We will use this personal information in accordance with this Privacy Policy. If you are providing personal information to us relating to a third party, you confirm that you have the consent of the third party to share such personal information with us and that you have made the information in this Privacy Policy available to the third party.

HOW DO WE USE THE PERSONAL INFORMATION WE COLLECT ABOUT YOU?

We use your personal information for a variety of different purposes during the course of your provision of goods or services to us. In particular, your personal information may be used by us, our employees, service providers, and disclosed to third parties for the purposes set out in the table below. For each of these purposes, we have set out the legal basis upon which we rely in order to use your personal information. This is because, under data protection law, we can only use your personal information if we have a legal basis to do so.

Examples of where we have a legal basis to process your personal information, includes when:

  • we have your consent;
  • it is necessary to enter into or perform a contract we have with you (or to take steps at your request prior to entering into that contract);
  • it is necessary in order to protect your vital interests;
  • it is in our legitimate interests to process your personal information; or
  • the processing is necessary to comply with a legal duty.

We must tell you which legal basis we are relying on when we use your personal information. The legal basis we rely on is set out below together with the purposes that we use your personal information for.

Purpose Legal Basis
To communicate with you in relation to our dealings with you. Legitimate interests: We require your personal information in order to enable us to purchase the goods or services we need for the purposes of furthering our business.

Performance of a contract we have with you. This will only be applicable if you are a sole trader who is providing us with goods or services.

To make payments to you. Legitimate interests: It is in our legitimate interest to comply with the terms of a contract we have in place with you or a Supplier.

Performance of a contract we have with you. This will only be applicable if you are a sole trader who is providing us with goods or services.

Necessary for compliance with a legal obligation to which we are subject.
To assess any tender response and decide whether your response is sufficient. Legitimate interests: We require your personal information in order to process and assess your tender response to provide services to us and to enable us to manage and carry out our operations as a business.

Necessary to enter into or perform a contract we have with you. This will only be applicable if you are a sole trader.
To carry out our obligations arising from our contract with you or the Supplier. Legitimate interests: It is in our legitimate interest to comply with the terms of a contract we have in place with you or a Supplier.

Performance of a contract we have with you. This will only be applicable if you are a sole trader.
To manage any service or quality related issues, complaints, feedback and queries in relation to the supply of goods or services in accordance with the terms of the supply contract. Legitimate interests: We require your personal information in order to ensure the goods or services we receive are fit for purpose and meet the needs of our organisation.

Performance of a contract we have with you. This will only be applicable if you are a sole trader.

To comply with any legal or regulatory obligations (including in connection with a court order). Necessary for compliance with a legal obligation to which we are subject.
CCTV recordings captured by equipment on our premises to manage any complaints that you may have or that we may have in relation to your performance of the supplier contract. Legitimate interests: We require your personal information in order to manage your work activities.
To maintain internal compliance and audit records. Legitimate interests. We require your personal information in order to ensure we manage and carry out our business operations in the best interests of our shareholders and customers.

WHO MAY WE DISCLOSE YOUR PERSONAL INFORMATION TO?

You agree that we may share your personal information with:

Type of third party Examples
General
Our group companies Other companies and entities that are part of the Five Guys Group.
Our service providers Our business partners, suppliers and subcontractors for the performance of any contract we enter into with you for example:
  • our IT systems providers ComputerHulp,
  • our IT cloud service solution which is Microsoft's Office 365 OneDrive, Outlook,
    • Word, Excel, PowerPoint, OneNote,
SharePoint;
  • members of Transperfect Translations
    • International Inc. in relation to translation services;
  • Food Alert Limited;
  • Marketforce Information LLC; and
  • NCR Corporation in relation to our point of sale solutions
    • A current list of these third party service providers with whom we share your personal information can be provided to you on application to the Legal Department at legal@fiveguys.nl.
    Our professional advisers Including accountants, lawyers and other professional advisers that assist us in carrying out our business activities, a current list of these third parties can be provided to you on application to the Legal Department at legal@fiveguys.nl.
    Government authorities and third parties involved in court action External agencies and organisations (including the police and other law enforcement agencies) for the purpose of complying with applicable legal and regulatory obligations. For a full list of third parties with whom your particular personal information may be shared, please contact the Legal Department at legal@fiveguys.nl.
    Our franchisees These are individuals or organisations who enter into an agreement with us to operate a restaurant under the Five Guys brand in various jurisdictions worldwide. Your personal information will not be shared with all of our franchisees but only those that are relevant to you.
    • We may also disclose your personal information to other third parties, for example:
      • in the event that we sell or buy any business or assets we will disclose your personal information to the prospective seller or buyer of such business or assets;
      • if we or substantially all of our assets are acquired by a third party (or are subject to a reorganisation within our corporate group), personal information held by us will be one of the transferred assets; and
      • if we are under a duty to disclose or share your personal information in order to comply with any legal obligation, or we are involved in any litigation with you.

      WHERE WILL WE TRANSFER YOUR PERSONAL INFORMATION?

      We will process your personal information both within and outside the European Economic Area (EEA) (this includes Bahrain, Kuwait, Oman, Qatar, the United Arab Emirates, Hong Kong and the United States of America, as amended from time to time).

      When we transfer personal information outside the EEA, we will implement appropriate and suitable safeguards to ensure that such data will be protected as required by applicable data protection law, for example we will seek to anonymise it. If we can't anonymise your personal information, we will take reasonable steps to ensure that your personal information is protected. To do this we may use a set of standard data protection clauses which have been approved by the European Commission in accordance with Article 46 of the GDPR. For further information as to the safeguards we implement and to obtain a copy please contact the Legal Department at legal@fiveguys.nl.

      HOW LONG WILL WE KEEP YOUR PERSONAL INFORMATION?

      We will retain your personal information for no longer than is necessary for the purposes for which the personal information are processed. The length of time we hold on to your personal information will vary according to what that information is and the reason for which it is being processed.

      To determine the appropriate retention period for personal information, we consider the amount, nature and sensitivity of the personal information, the potential risk of harm from unauthorised use or disclosure of your personal information, the purposes for which we process your personal information and whether we can achieve those purposes through other means. We also consider any applicable legal, regulatory, tax, accounting or other requirements which may specify how long we should retain your personal information for.

      Subject to the above, we will keep your personal information for the duration of our contract with you or the Supplier and for a period of seven years after that contract is terminated.

      If you or the Supplier submits a tender response to us and this is unsuccessful we will only retain your personal information for such period as is in our reasonable business interests from the date that you or the Supplier are notified that the submission was unsuccessful. For further information on our policy and how long we will keep your personal information for, please contact the Legal Department at legal@fiveguys.nl or by one of the other means of communication set out in the How to Contact Us section below.

      DATA SECURITY

      We have put in place appropriate security measures to seek to prevent your personal information from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal information to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal information on our instructions and they are subject to a duty of confidentiality. Details of these measures may be obtained from the Legal Department at legal@fiveguys.nl.

      We have put in place procedures to deal with any suspected data security breach and will notify you and any applicable regulator of a suspected breach where we are legally required to do so.

      YOUR RIGHTS

      The rights below are rights that apply under the EU General Data Protection Regulation and so will predominantly apply if your personal data is used by an entity established in the EEA. Therefore, the rights may not apply to everyone who reads or receives this policy. The rights may only apply in certain circumstances and are subject to certain exemptions. Please see the table below for a summary of your rights. You can exercise these rights using the contact details below.

      Summary of your rights
      Right of access to your personal information You have the right to receive a copy of your personal information that we hold about you, subject to certain exemptions. We may require further information in order to respond to your request (for instance, evidence of your identity and information to enable us to locate the specific personal information you require).
      Right to rectify your personal information You have the right to ask us to correct your personal information that we hold where it is incorrect or incomplete.
      Right to erasure of your personal information: You have the right to ask that your personal information be deleted in certain circumstances. For example:
      • where your personal information is no longer necessary in relation to the purposes for which they were collected or otherwise used
      • if you withdraw your consent and there is no other legal ground for which we rely on for the continued use of your personal information;
      • if you object to the use of your personal information (as set out below);
      • if we have used your personal information unlawfully; or
      • if your personal information needs to be erased to comply with a legal obligation.
      Right to restrict the use of your personal information You have the right to suspend our use of your personal information in certain circumstances. For example:
      • where you think your personal information is inaccurate and only for such period to enable us to verify the accuracy of your personal information;
      • the use of your personal information is unlawful and you oppose the erasure of your personal information and request that it is suspended instead;
      • we no longer need your personal information, but your personal information is required by you for the establishment, exercise or defence of legal claims; or
        • you have objected to the use of your personal information and we are verifying whether our grounds for the use of your personal information override your objection.
      Right to data portability You have the right to obtain your personal information in a structured, commonly used and machine-readable format and for it to be transferred to another organisation, where it is technically feasible. The right only applies:
      • to personal information which you have provided to us;
      • where the use of your personal information is based on your consent or is necessary for the performance of a contract; and
      • when the use of your personal information is carried out by automated (i.e. electronic) means.
      Right to object to the use of your personal information (including to object to direct marketing, automated decision making and profiling) You have the right to object to the use of your personal information in certain circumstances and subject to certain exemptions. Examples of this right include;
      • where you have grounds relating to your particular situation and we use your personal information for our legitimate interests (or those of a third party);
      • where we use your personal data to take a decision which is based solely on automated processing where that decision produces a legal effect or otherwise significantly affects you; and
      • if you object to the use of your personal information for direct marketing purposes.
      Right to withdraw consent You have the right to withdraw your consent at any time where we rely on consent to use your personal information.
      Right to complain to the relevant data protection authority You have the right to complain to the relevant Data Protection Authority, where you think we have not used your personal information in accordance with data protection law. This will depend on factors such as which Five Guys entity you are dealing with and the country in which it is located, where you reside or where the infringement occurred. Please see the list of Data Protection Authorities set out in Annex 1 to this Notice for details of the .Data Protection Authorities which may be relevant in the event that you have a complaint.

      HOW TO COMPLAIN

      If you think there is a problem with how your personal information is being handled, please contact us by using the details set out in the How to Contact Us section below.

      You also have a right to complain to the Data Protection Authority in either the place you work, the place you live or the place the infringement occurred. Annex 1 attached to this Notice contains a list of all the Data Protection Authorities in the jurisdictions where Five Guys has its operations as at the date of this Policy. However, there may be other Data Protection Authorities that are relevant to you. Please get in touch using the How to Contact us section below if you require further information.

      CHANGES TO OUR PRIVACY POLICY

      We will review this Privacy Policy regularly and we reserve the right to make any changes at any time to take account of changes in our business activities and legal requirements and the manner in which we process personal information.

      Any changes we make to this Privacy Policy in the future will be posted on the applicable Website, and, where appropriate, we will give reasonable advance notice of any changes to you by e-mail.

      HOW TO CONTACT US

      If you have any questions regarding this Privacy Policy or the way we use your personal information (outside of the USA and Canada), you can contact us by e-mail to the Legal Department at legal@fiveguys.nl, or by mail to:

      Attention: Legal Department

      Piet Heinkade 55

      1019GM Amsterdam, the Netherlands.

      This Privacy Policy was last updated in August 2018.

      Annex 1

      (Data Protection Authorities (DPA))

      Country DPA
      Belgium Commision de la protection de la vie privée Commissie voor de bescherming van de persoonlijke levenssfeer Rue de la Presse 35 / Drukpersstraat 35 1000 Bruxelles / 1000 Brussel Tel: +32 2 274 48 00 Fax: +32 2 274 48 35 E-mail: commission@privacycommission.be Website: http://www.privacycommission.be/
      France Commission Nationale de I'Informatique et deds Libertés – CNIL 8 Rue Vivienne, CS 30223 F-75002 Paris, Cedex 02 Tel: +33 1 53 73 22 22 Fax: +33 1 53 72 22 00 Website: http://www.cnil.fr/
      Germany Die Bundesbeauftragte für den Datenschutz und die Informationsfreiheit Husarenstraße 30 53117 Bonn Tel: +49 228 997799 0; +49 228 81995 0 Fax: +49 228 997799 550; +49 228 81995 550 E-mail: poststelle@bfdi.bund.de/ Website: http://www.bfdi.bund.de/
      Ireland Data Protection Commissioner Canal House Station Road Portarlington Co. Laois Lo-Call: 1890 25 22 31 Tel: +353 57 868 4800 Fax: +353 57 868 4757 E-mail: info@dataprotection.ie Website: http://www/dataprotection.ie/
      Italy Garante per la protezione del dati personali Piazza du Monste Citorio, 121 00186 Roma Tel: +39 06 69677 1 Fax: +39 06 69677 785 E-mail: garante@garanteprivacy.it Website: http:www.garanteprivacy.it/
      Luxembourg Commission Nationale pour la Protection des Données 1, avenue du Rock 'n' Troll L-4361 Esch-sur-Alzette
      Tel: +352 2610 60 1 Fax: +352 2610 60 29 E-mail: info@cnpd.lu Website: http://www/cnpd.lu/
      Netherlands Autoriteit Persoonsgegevens Prins Clauslaan 60 P.O. Box 93374 2509 AJ Den Haag/The Hague Tel: +31 70 888 8500 Fax: +31 70 888 8501 E-mail: info@autoriteitpersoonsgegevens.nl Website: https://autoriteitpersoonsgegevens.nl//nl
      Portugal Comissão Nacional de Protecção de Dados – CNPD R. de São, Bento, 148-3o 1200-821 Lisboa Tel: +351 21 392 84 00 Fax: +351 21 397 68 32 E-mail: geral@cnpd.pt Website: http://www.cnpd./pt
      Spain Agencia de Protección de Datos C/Jorge Juan, 6 28001 Madrid Tel: +34 91399 6200 Fax: +34 91455 5699 E-mail: internacional@agpd.es Website: https://www.agpd.es/
      Switzerland Data Protection and Information Commissioner of Switzerland Eidgenössischer Datenschutz – und Öffentlichkeitsbeauftragter Mr Adrian Lobsiger Feldeggweg 1 3003 Bern Tel: +41 58 462 43 95; Fax: +41 58 462 99 96 E-mail: contact20@edoeb.admin.ch
      UK The Information Commissioner's Office Water Land, Wycliffe House Wilmslow – Cheshire SK9 5AF Tel: +44 1625 545 745 E-mail: international.team@ico.org.uk Website: https://ico.org.uk