1. Notice at Collection of Personal Information

a. Categories of Personal Information We Collect, Share, or Disclose

The following chart details which categories of Personal Information we collect and process, as well as which categories of Personal Information we disclose for our operational business purposes, including within the 12 months preceding the date this Statement was last updated. The chart also details the categories of Personal Information that we “sell” to third parties or “share” for purposes of cross-context behavioral or targeted advertising.

Please click here to

of the sale or sharing of your Personal Information, including targeted advertising. You may also choose to enable online, where available, a universal tool that automatically communicates your opt-out preferences, such as the Global Privacy Control (“GPC”). Where technically available, we will process the GPC signal as a request to opt out.

We do not knowingly sell or share the Personal Information of minors under 18 years of age.

b. The Business and Commercial Purposes for Which We Collect Your Information

Zaxbys may use Personal Information we collect from and about you in a variety of ways. Generally, we use such information to respond to our customers, improve our products and customer service, and strengthen the security of our Services. More specifically, we may use Personal Information to:

• Communicate with you about Zaxbys and our products, services, events, promotions, or other offers and personalize your experience with us, including the advertising we deliver to you;

• Conduct interest-based advertising (as described in this Statement) which may include tailoring our products, services, promotions, communications, advertisements, and Services to your interests;

• Notify you about upcoming promotions through the Zaxbys website or in our restaurants;

• Provide our Services to you and review and improve them;

• Fulfill online orders and provide faster service based on your location;

• Respond to your inquiries and provide customer service;

• Conduct marketing research and evaluate the effectiveness of our campaigns;

• Protect and improve the security of the Zaxbys website;

• Take any other actions and implement any other policies intended to improve our restaurants, products, services, customer service, and customer experience;

• Provide you with localized search results, direct you to your nearest Zaxbys location, provide the closest ordering location, or populate your delivery address;

• Create and manage your accounts with us (e.g., loyalty program, e-mail club, text club, online ordering);

• Monitor, protect, and maintain the security and integrity of our Services and our business, such as protecting against and preventing fraud, unauthorized transactions, claims and other liabilities;

• Comply with applicable laws and regulations and respond to lawful requests and communications from law enforcement and other government officials;

• Send administrative information to you, such as changes to our terms, conditions, and policies;

• Allow you to participate in sweepstakes or other promotions;

• Conduct audits;

• Evaluate you as a prospective franchisee; and

• In the case of franchisees, to generate financial, marketing and other reports regarding franchisee performance metrics.

c. Retention

We retain Personal Information for as long as reasonably necessary to provide you with the Services you request, for marketing purposes (unless you opt out as described in this Statement), and otherwise, in light of the purpose(s) for which it was collected. The criteria used to determine our retention periods include:

• The length of time we have an ongoing relationship with you and provide Services to you (for example, for as long as you have an account with us or keep using our Services) and the length of time thereafter during which we may have a legitimate need to reference your Personal Information to address issues that may arise;

• Whether there is a legal obligation to which we are subject (for example, certain laws require us to keep records of your transactions for a certain period of time before we can delete them); or

• Whether retention is advisable in light of our legal position (such as in regard to applicable statutes of limitations, litigation, or regulatory investigations).

2. Personal Information We Collect

There are several ways we obtain Personal Information about you, including through information you provide to us directly, information we automatically collect, information we receive from third parties, and by combining information from different sources.

a. Personal Information You Provide Us Directly

• When You Use Our Services or Interact With Our Guest Experience Team

  . We collect Personal Information from you when you inquire about or create an account to use our Services, including contact information (such as your first and last name, delivery or mailing address, telephone number, e-mail address, etc.) and other personal identifiers.

• When You Make a Purchase

  . We collect Personal Information you provide to us when you visit our restaurants, such as your car make and model, and payment and transaction information (such as your financial account information, billing address, order value and items ordered).

• When You Enroll in a Zaxbys Club Membership or Loyalty Program

  . We collect Personal Information you provide in the context of one of Zaxbys’ Club memberships (e.g., favorite Zaxbys location, your date of birth, etc.), and Personal Information provided by you in conjunction with an online sweepstakes, survey, loyalty program or promotion.

• When You Provide Information Through Social Media

  . We collect Personal Information you choose to provide us when you interact with us through social media, including photographs, name, username, demographic information, updated address or contact information, location, interests, and social media and online activity.

• When You Inquire to Become a Franchisee

  . We collect Personal Information provided by you in conjunction with your inquiry to become a Zaxbys franchisee, including name, address and email.

b. Personal Information We Collect Through Automatic Data Collection Technologies

When you visit our Services, we and third parties may automatically collect certain Personal Information through use of online tracking technology and tools such as pixels, web beacons, and “cookies.” We use such information to ensure that the Services function properly, to understand how our Services are used and to improve them and our relationship with you, and to provide relevant advertising to you on the Services and on other third-party digital properties. When you consent and allow access, we also may collect information using precise, real-time location-based data services. You may decline or allow access when the prompt appears. To learn more about your choices regarding the automatic collection and use of your information as you interact with our Services, please see

section below.

The specific types of Personal Information that we and our partners and service providers may automatically collect when you visit and interact with our Services include:

• Device and Browser Information

  . For example, our systems may collect information about your device and your activity on the Zaxbys website and mobile app (e.g., pages you visit, traffic and usage data, address of a referring website (if any), geographic locations, device and other identifiers, and Internet Protocol (IP) address).

• Location Information

  . When you access our Services from a mobile device, your device’s approximate location (derived from your device’s IP address or other signals) may be collected.

• Usage Information

  . When you interact with our Services, certain information may be collected by us or our third party vendors, including the date and time of your visit, the pages you view immediately before and after you access our Services, the areas or pages of our Services that you visit, the amount of time you spend viewing or using our Services, items placed or left in your shopping cart on the Zaxbys website, keystrokes, mouse movements, form field entries, recordings of chat sessions or your use of and inputs to other AI-supported tools, and other use and overall engagement with our Services.

• Third-Party Analytics Technologies

  . We may use third-party analytics tools to better understand who is using our Services, how people are using them, and how to improve their effectiveness as well as the effectiveness of any related content.

Google Analytics. We use tools, such as Google Analytics to measure and evaluate usage of our website. We also use these tools to help us improve our Services, our performance, and user experiences. The Personal Information collected through this technology may include online identifiers and browser information, and may be combined with other data related to you. You can learn about Google’s practices by going to www.google.com/policies/privacy/partners/ and exercise the opt-out provided by Google by downloading the Google Analytics opt-out browser add-on, available

.

Digital Advertising Technology. In some instances, we engage digital advertising technology vendors that collect information about your use of our Services to serve you advertising content tailored to your interests, both on and off of our digital properties. This means you may see advertisements for Zaxbys products, or based on your use of the Zaxbys Services, on third-party websites or mobile applications. To exercise your legal rights related to this use of your Personal Information, please see

.

c. Personal Information from Other Sources

We may collect information about you from our business partners, franchisees, vendors (i.e., food delivery platforms, data providers, or payment processors), other third parties including data aggregators, or public sources (e.g., your public social media posts).

d. Combination of Information

We may combine Personal Information that we receive from various sources. For example, we may combine automatically collected information with Personal Information. If we do, we will treat the combined information as Personal Information as long as it is combined. Similarly, we may combine Personal Information that we receive from third parties with Personal Information we already have about you. We use, disclose, and protect combined Personal Information as described in this Statement.

3. How We Use and Disclose Your Personal Information

We may disclose each category of your Personal Information that we collect to the following categories of recipients:

• Zaxbys Corporate Family

  . Zaxbys may disclose Personal Information to our subsidiaries or affiliates (collectively, the “Zaxbys Family”). These disclosures typically will allow a member of the Zaxbys Family to improve our restaurants and provide a better service to our customers by performing one of the functions listed above in

  Section 1(b)
  of this Statement.

• Franchisees

  . This Statement does not apply to Personal Information processed solely by our franchisees on their own behalf in connection with restaurants, and does not apply to any websites or applications they may own and independently operate. We share information with our franchisees to process orders you make at a franchisee restaurant through our website and to provide a better service to our customers.

• Our Service Providers

  . We disclose your Personal Information to our service providers that provide business, professional, or technical support services to us, help us operate our business, or administer activities on our behalf. We require our service providers to only use your Personal Information in connection with providing services to Zaxbys.

• Our Research Partners

  . We disclose your Personal Information to our research partners, including those that administer surveys or conduct research projects in partnership with us or on our behalf. In certain circumstances, we may disclose each category of your Personal Information to:

• Competent Governmental, Regulatory, and Public Authorities

  . We may disclose your Personal Information to government and law enforcement authorities, in each case to comply with legal or regulatory obligations or requests.

• Relevant Third Parties as Part of a Corporate Transaction

  . In the event of a reorganization, merger, sale, joint venture, assignment, transfer, or other disposition of all or any portion of our business, assets, or stock (including in connection with a bankruptcy or similar proceeding), we may disclose or transfer your Personal Information to certain third parties, such as the acquiring entity and its advisers.

• Other Third Parties

  . We will disclose your Personal Information to other third parties at your direction or with your consent, including for advertising purposes. Additionally, we will disclose your Personal Information as we believe necessary or appropriate to: (a) comply with applicable law; (b) enforce our terms and conditions; (c) protect our operations; (d) protect our rights, privacy, safety, or property, and/or those of you or others; and (e) allow us to pursue available remedies or limit damages that we may sustain.

We may disclose your Personal Information for other reasons that we will describe at the time of information collection or prior to disclosing your information.

Please note that we may de-identify or aggregate Personal Information so that it will no longer be considered Personal Information and disclose such information to other parties for purposes consistent with those described in this Statement.

4. Privacy Choices and Rights

a. U.S. State Privacy Rights

Residents of California, Colorado, Connecticut, Delaware, Iowa, Minnesota, Montana, Nebraska, New Hampshire, New Jersey, Oregon, Texas, Tennessee, Utah, Virginia, or any other state with an applicable privacy law have certain rights relating to the collection, use, disclosure, and other processing of their Personal Information. The exact scope of these rights may vary by state.

• Right to Know

  . You may have the right to know what Personal Information we have collected about you, including the categories of sources from which the Personal Information is collected, the business or commercial purpose for collecting, selling, or sharing Personal Information, the categories of third parties to whom we disclose Personal Information, the categories of Personal Information disclosed to third parties, and the specific pieces of Personal Information we have collected about you. Please note that we may not be required to respond to your requests “to know” or access specific pieces of Personal Information more than twice in any 12-month period.

• Right to Request Specific List of Third Parties

  . You may have the right to request a list of the specific third parties to whom we have disclosed your Personal Information.

• Right to Request List of Categories of Third Parties

  . You may have the right to request a list of the categories of third parties to which we have disclosed your Personal Information.

• Right to Data Portability

  . You may have the right to access your Personal Information in a portable format.

• Right to Delete

  . You may have the right to request that we delete Personal Information that we have collected from or about you, subject to certain exceptions.

• Right to Correct

  : You may have the right to correct inaccurate Personal Information that we may maintain about you, subject to appropriate verification.

• Right to Opt Out of Certain Types of Personal Information Uses and Disclosures

  : We use and disclose to third parties Personal Information for analytics and advertising purposes. Accordingly, you may have the right to opt out of the “sale” or “sharing” of your Personal Information, or the use and disclosure of your Personal Information for “targeted advertising” (as these terms are defined in applicable law).

If you are interested in exercising one or more of the rights outlined above, please click

or you can contact us at privacy@zaxbys.com or 1-866-892-9297. Please put the statement “Your Privacy Rights” in the subject field of your email. Except for your opt out right, we may take steps to verify your identity before responding to your request by asking you a series of questions about your previous interactions with us.

Please note that, where permitted under applicable law, we may decline a request (other than for opt outs) if we are unable to verify your identity (or an agent’s authority to make the request) and confirm the Personal Information we maintain relates to you.

Depending on your U.S. state of residence, you may have the right to appeal a decision we have made in connection with your privacy rights request. You may file an appeal by contacting us as described in Section VIII. of this Statement.

If an agent would like to make a request on your behalf as permitted under applicable law, the agent may use the submission methods noted in this section. Not all kinds of requests can be made by authorized agents in all states. As part of our verification process, we may request that the agent provide, as applicable, proof concerning their status as an authorized agent. In addition, we may require that you verify your identity as described in this section or confirm that you provided the agent permission to submit the request.

Submitting a privacy request does not require you to create an account with us.

We will not discriminate against you if you decide to exercise your privacy rights.

b. Opt-Out Requests

You may request to opt out of the sale or share of your Personal Information, or of targeted advertising, at any time by clicking the “Do Not Sell or Share My Personal Information” link

or at the bottom of our Services’ homepages.

Alternatively, you can use certain preference signals to exercise your sale and sharing and targeted advertising opt-out right automatically with all businesses that you interact with online, including Zaxbys. If you enable a browser-based opt-out preference signal, such as Global Privacy Control (GPC), upon receipt or detection, and where technically available, we will treat the signal as a valid request to opt out of the sale or sharing of personal information, or use for targeted advertising, linked to that browser and any consumer profile we have associated with that browser. Please note that if you use different browsers or browser profiles, you may need to enable the signal on each browser or profile.

c. Notice of Financial Incentive

Zaxbys may offer financial incentives to promote our products and services. These may include:

• Discounts, coupons, and special offers when you sign up for our email list, participate in a marketing promotion or sweepstakes, or create an account.

• Points programs, where you earn points for certain purchases that can be redeemed for discounts or coupons.

Our collection of program members’ Personal Information (including name and email address, as described above) allows us to operate the program and provide benefits. We use members’ Personal Information to both award and redeem points. Otherwise, the types of Personal Information we collect from members are similar to the types of Personal Information we collect from customers who are not members. The amount of Personal Information we collect from a member or non-member may vary and depends on the transactions that the member or non-member has with Zaxbys.

Because these promotions involve the collection of Personal Information, they may be interpreted as “financial incentive” programs under California law or “bona fide loyalty programs” under Colorado law. Participation in any financial incentive is optional. Zax Rewardz program benefits are described along with other material terms and conditions

. Members may exercise their privacy rights without any effect on their eligibility to receive benefits.

We are unable to estimate the value of a member’s Personal Information to us, as we do not “sell” or “share” such information other than in connection with targeted advertising. The value of benefits to members varies, as individual members take advantage of program benefits to varying degrees.

You may sign up to the Zax Rewardz program

. You may cancel your participation at any time by writing to us at rewards@zaxbys.com.

d. Self-Regulatory Options for Opting Out of Interest-Based Advertising

In addition to any legal opt out rights you may have as described above, there also are self-regulatory opt out options, such as:

• Network Advertising Initiative (NAI): https://optout.networkadvertising.org/?c=1

• Digital Advertising Alliance (DAA): https://youradchoices.com/control

• European Interactive Digital Advertising Alliance (EDAA): https://youronlinechoices.eu/

• The DAA offers a tool for opting out of the collection of cross-app data on mobile devices for interest-based advertising. To exercise your choices with respect to participating companies, please download the AppChoices tool at www.aboutads.info/appchoices.

For these self-regulatory options, you will need to opt out separately on all of your browsers and devices, as each opt out will apply only to the specific browser or device from which you opt out. If you delete or reset your cookies or mobile identifiers, change browsers, or use a different device, any opt-out cookie or tool may no longer work and you will have to opt out again.

Even if you choose to opt out of receiving interest-based advertising, you may still receive advertising, but the advertisements may be less relevant.

Some of our partners may provide you with additional choices with respect to interest-based advertising. For example, certain social media platforms allow you to control your advertising preferences directly through their services. Please review the privacy policies of the third-party services you use for more information.

e. Unsubscribing From Marketing and Promotional Communications

From time to time, we may send you marketing and promotional communications, including special offers from us or our partners. If you no longer wish to receive promotional and marketing emails from us, you may opt out of such communications at any time by following the opt-out instructions included in any promotional or marketing email you receive from us.

5. Children’s Privacy

We do not direct our Services to users under the age of eighteen (18), nor do we knowingly solicit or collect any Personal Information from users under the age of 18. If you are not at least 18 years of age, please do not use or provide any Personal Information through the use of the Zaxbys website. If we receive actual knowledge that we have collected Personal Information online from anyone under the age of 18, we will delete that information from our records as soon as reasonably practicable. If you are a parent or guardian and are aware that your child under the age of 18 has provided Zaxbys with Personal Information online, we encourage you to contact us at privacy@zaxbys.com or by one of the contact methods provided in

. of this Statement so that we can delete your child’s Personal Information from our records as soon as reasonably practicable.

6. Information Security

We have implemented commercially reasonable precautions designed to protect the Personal Information we collect from loss, misuse, unauthorized access, disclosure, alteration, and destruction.

Despite our efforts, however, we are unable to guarantee that any Personal Information we collect from you will remain completely secure. No technology is foolproof, and information transmission and storage systems occasionally can be breached and accessed by third parties in violation of law. Therefore, we encourage you to use caution when using the internet or any mobile device and to take reasonable steps to protect the confidentiality of your passwords, account information, and payment information. If you have reason to believe that your interaction with us is no longer secure, please immediately notify us in accordance with the

section below.

7. Updates to This Statement

This Statement replaces an earlier version. From time to time, we may need to revise this Statement to reflect changes in our practices or applicable laws. The “Last Revised” legend at the top of this Statement indicates when this Statement was last revised. Any changes will become effective when we post the revised Statement on the Zaxbys website. Where consistent with applicable law, your continued use of the Zaxbys website and/or provision of your Personal Information constitutes acceptance of our updated Statement. Under certain circumstances (e.g., with respect to certain material changes to this Statement, including the way we use or share Personal Information previously collected from you through our Services), we may also elect to notify you through additional means, such as posting a notice on the front page of our website or by means of an e-mail. We encourage you to periodically review this Statement to stay informed about our use and protection of your Personal Information.

8. Contact Us

Please do not hesitate to contact us if you have any questions regarding this Statement.

Email: privacy@zaxbys.com

Mail: Privacy at Zaxbys

Attn: Legal Department

2002 Summit Blvd., NE

12th Floor

Atlanta, GA 30319

Because email communications are not always secure, please do not include credit card or other sensitive information in your emails to us.