Please

to learn about our targeted advertising practices.

1. This Policy and Your Use of the Online Services.

We will handle the personal information we collect when you visit or use the Zaxby’s Online Services or receive an HTML-formatted email from us as described in this Policy. Further, your use of the Online Services is governed by the

, which are a contract between you and Zaxby’s regarding your use of the Online Services. If you have not already reviewed the Terms & Conditions, please review them now prior to continuing to use the Online Services.

We are based in the United States and do not own or operate any Zaxby’s locations outside of the United States. The Online Services are intended for U.S. audiences only. We may store and process your Personal Information in any country where we have facilities or in which we engage service providers. By using the Online Services, you understand that your personal information may be transferred to countries outside of your country of residence, including the United States, which may have data protection rules that are different from those of your country.

2. Information We Collect.

• Information we collect directly from you.

“Personal Information” is information that identifies you as an individual or relates to an identifiable individual. We may collect different types of Personal Information that you provide to us in connection with your use of the Online Services and our relationship with you. Some examples of Personal Information you may provide to us include:

A) Contact information (such as your name, mailing address, telephone number, e-mail address);

B) Information you provide in the context of one of Zaxby’s’ Club memberships (such as favorite Zaxby’s location and your birthday);

C) Payment and transaction information (such as your payment card details, financial account information, security codes, billing address, delivery address, order value, and items ordered);

D) Information provided by you in conjunction with an online sweepstakes entry, a survey, or a promotion; and

E) Other Personal Information you may provide to us (including photographs).

• Information we collect automatically.

Also, when you visit our Online Services, we may collect certain information via automated means, as well as through the use of common online tracking tools such as web beacons and “cookies.” For example, our systems may collect information about your device and your activity on the Online Services (e.g., pages you visit, traffic and usage data, address of a referring website (if any), geographic locations, device identifiers, and Internet Protocol (IP) address). We use such information to ensure that the Online Services function properly, to understand how the Online Services are used, to improve the Online Services, our services to you, and your relationship with us, and for other purposes. We also may collect information using location-based data services.

Both we and third parties that deliver advertising on our behalf may use automatically-collected information, including your location, to help tailor the ads you may see and the messaging you receive when you access and use the Online Services and third-party websites and apps. You may also receive ads, served by third-party advertising companies, based on information relating to your access to and use of the Online Services and other websites and apps on any of your devices. These companies place or recognize a unique cookie on your browser (including through the use of pixel tags). They also use these technologies, along with information they collect about your online use, to recognize you across the devices you use, such as a mobile phone and a laptop. For more information about this practice, and to learn how to opt out of it in desktop and mobile browsers on the particular device on which you are accessing this Privacy Policy, please visit

, and . You may download the AppChoices app at www.aboutads.info/appchoices to opt out in mobile apps. You may also be able to opt out of targeted advertising on the platform on which the ad is served, such as Facebook, TikTok, and Snapchat.

We use automated devices and applications, and other tools, such as Google Analytics, to measure and evaluate usage of our Online Services. We also use these tools to help us improve our Online Services, our performance, and user experiences. These entities may use cookies and other tracking technologies to perform their services. 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 at

.

For most mobile devices and computer systems, you are able to withdraw your permission for us to collect this information by using the device or web-browser settings. For example, you may be able to set your browser to notify you when you receive certain types of cookies, and you may also be able to set your browser to decline certain types of cookies. Please note that if you do not accept cookies, you may not be able to use all the features of our Online Services.

Please note: this website uses Mouseflow, a website analytics tool that provides session replay, heatmaps, funnels, form analytics, feedback campaigns, and similar features/functionality. Mouseflow may record your clicks, mouse movements, scrolling, form fills (keystrokes) in certain fields, pages visited and content, time on site, browser, operating system, device type (desktop/tablet/phone), screen resolution, visitor type (first time/returning), referrer, anonymized IP address, location (city/country), language, and similar meta data. Mouseflow does not collect any information on pages where it is not installed, nor does it track or collect information outside your web browser. For more information, see Mouseflow’s Privacy Policy at

.

We may use and disclose automatically collected information for any purpose, except where we are required to do otherwise under applicable law. If we are required to treat such information as Personal Information under applicable law, we may use and disclose such information for the purposes for which we use and disclose Personal Information, as detailed in this Policy. In some instances, 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.

• 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, or public sources (e.g., your public social media posts).

3. How We Use Personal Information.

Zaxby’s 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 the Online Services. More specifically, we may use Personal Information to:

A) Communicate with you about Zaxby’s and our products, services, events, promotions, or other offers and personalize your experience with us, including the advertising we deliver to you;

B) Conduct interest-based advertising (as described above, under “Information we collect automatically”), which may include tailoring our products, services, promotions, communications, advertisements, and the Online Services to your interests;

C) Notify you about upcoming promotions through the Online Services or in our restaurants;

D) Provide the Online Services to you and review and improve them;

E) Fulfill online orders;

F) Respond to your inquiries and provide customer service;

G) Conduct marketing research and evaluate the effectiveness of our campaigns;

H) Protect and improve the security of the Online Services;

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

J) Provide you with localized search results, direct you to your nearest Zaxby’s location, provide the closest ordering location, or populate your delivery address;

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

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

M) Allow you to participate in sweepstakes or other promotions;

N) Anonymize and/or aggregate Personal Information so that it will no longer be considered Personal Information, such that we may use and disclose it for any purpose. We will continue to maintain and use anonymized information only in an anonymized fashion and will not attempt to re-identify it; and

O) Conduct audits.

4. Personal Information We Share with Others.

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

of this Policy.

Zaxby’s does not sell your Personal Information to unaffiliated third parties for payment. As described above, Zaxby’s engages in interest-based advertising, which may be deemed a “sale” under certain state privacy laws.

From time to time, Zaxby’s may disclose Personal Information to third-party service providers retained by Zaxby’s to assist in its customer service, marketing, franchising, and other efforts.

Except as otherwise set forth in this Policy, Zaxby’s does not sell, transfer, or disclose Personal Information to third parties outside of the Zaxby’s Family unless we are required or requested to transfer or disclose Personal Information in cooperation with an ongoing law enforcement investigation, in response to judicial process, to comply with other legal requirements, or to assist on any matter relating to public safety or health. Zaxby’s may use and disclose Personal Information to enforce our terms and conditions and to protect our rights, privacy, safety, or property and/or that of you, the Zaxby’s Family, or others.

5. Children.

The Online Services are not directed to children under the age of thirteen (13), and Zaxby’s does not knowingly collect Personal Information from anyone under the age of 13 through the Online Services. If we receive actual knowledge that we have collected Personal Information online from anyone under the age of 13, 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 13 has provided Zaxby’s with Personal Information online, we encourage you to contact us at privacy@zaxbys.com or the mailing address listed in

below 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, and 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 “Contact Us” section below.

7. Third-Party Services.

This Policy applies only to Personal Information provided to or collected by Zaxby’s. The Online Services may contain links to third-party websites or other online services that are not owned or operated by Zaxby’s, and you may or may not receive notice that you are leaving the Online Services. Zaxby’s is not responsible for the policies, content, or privacy, security, or other practices of such third-party services, and you visit and use such third-party services at your own risk. As a result, we encourage you to refer to the privacy policies of those websites to learn about their policies and practices.

We may permit third parties to provide tools, widgets, and plug-ins on our Online Services, such as Facebook “Like” buttons, which may use automated methods to collect information about how you use these features. These organizations may use your information in line with their own privacy policies.

8. Third-Party Payment Service.

The Online Services may provide functionality allowing you to make payments to Zaxby’s using third-party payment services with which you have created your own account. When you use such a service to make a payment to Zaxby’s, your Personal Information will be collected by such third party and not by us and will be subject to the third party’s own privacy policy, rather than this Privacy Policy. We have no control over, and are not responsible for, such third party’s collection, use, disclosure, or retention of your Personal Information.

9. Updates to this Policy.

From time to time, we may need to revise this Policy to reflect changes in our practices or applicable laws. The “Last Revised” legend at the top of this Policy indicates when this Policy was last revised. Any changes will become effective when we post the revised Policy on the Online Services.

10. Contact Us.

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

Email: privacy@zaxbys.com

Mail: Privacy at Zaxby’s

Attn: Legal Department

1040 Founders Blvd.

Athens, GA 30606

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

11. Additional Information for Residents of Certain States.

In this

, we provide additional information to our customers and business contacts who are residents of California, Colorado, Connecticut, Utah, and Virginia about our collection, use, disclosure, and other processing of their Personal Information, including in both online and offline contexts.

Collection, Disclosure, Sale, and Sharing of Personal Information

The following chart details which categories of Personal Information we collect and process, as well as which categories of Personal Information we disclose to third parties for our operational business purposes, including within the 12 months preceding the date this Privacy Policy 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, including within the 12 months preceding the date this Privacy Policy was last updated. We do not sell Personal Information in exchange for payment. Some state laws include within their definitions of a “sale” certain types of online targeted advertising, in which we do engage.

We may also disclose your Personal Information to a third party in connection with any reorganization, financing transaction, merger, sale, joint venture, partnership, assignment, transfer, or other disposition of all or any portion of our business, assets, or stock (including in connection with any bankruptcy or similar proceedings).

We do not knowingly sell or share the Personal Information of minors under 16 years of age.

Sources of Personal Information

We collect this Personal Information as set forth in

, above.

Purposes for the Collection, Use, Sale, Sharing, or Other Disclosure of Personal Information

We collect, use, sell, share, or otherwise disclose Personal Information as set forth in Sections

, , and , above, as well as to enter into, track, and perform agreements with corporate customers and suppliers and to manage customer and supplier relationships.

Retention Period

We retain Personal Information for as long as needed or permitted 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).

Individual Requests

If you are a California, Colorado, Connecticut, Utah, or Virginia consumer you may, subject to applicable law, make the following requests:

1 You may request to know whether we process your Personal Information and to access such Personal Information.

A) If you are a California consumer, you may request that we disclose to you the following information covering the 12 months preceding your request:

i. The categories of Personal Information we collected about you and the categories of sources from which we collected such Personal Information;

ii. The business or commercial purpose for collecting, sharing, or selling Personal Information about you;

iii. The categories of Personal Information about you that we sold or shared (as defined by the California law) and the categories of third parties to whom we sold or shared such Personal Information; and

iv. The categories of Personal Information about you that we otherwise disclosed and the categories of third parties to whom we disclosed such Personal Information.

2 If you are a California, Colorado, Virginia, or Connecticut consumer, you may request to correct inaccuracies in your Personal Information.

3 You may request to have your Personal Information deleted. If you are a California or Utah consumer, this right applies to Personal Information you provided to us.

4 You may request to receive a copy of your Personal Information, including specific pieces of Personal Information, including, where applicable, request to obtain a copy of your Personal Information in a portable, readily usable format. If you are a Utah or Virginia consumer, this right applies to Personal Information you previously provided to us.

5 You may request to opt out of targeted advertising (as defined by Colorado, Connecticut, Utah, and Virginia law) or the “sharing” of your Personal Information for cross-context behavioral advertising (as defined by California law).

6 You may request to opt out of the “sale” of your Personal Information, as defined under the applicable privacy law.

Where required by applicable law, we recognize the Global Privacy Control as the browser user’s request to opt out of certain types of targeted advertising.

We will not unlawfully discriminate or retaliate against you for exercising your rights. To make a privacy request, please contact us

or 1-866-892-9297. We will verify and respond to your request consistent with applicable law, taking into account the type and sensitivity of the Personal Information subject to the request. In some instances, we may decline to honor your request where the law or right you are invoking does not apply or where an exception applies. We may need to request additional Personal Information from you, such as email, first name, last name, and telephone number, in order to verify your identity and protect against fraudulent requests. If you maintain a password-protected account with us, we may verify your identity through our existing authentication practices for your account and require you to re-authenticate yourself before disclosing or deleting your Personal Information. If you make a request to delete, we may ask you to confirm your request before we delete your Personal Information.

To request to opt out of any future sale of your Personal Information, or to opt out of any future sharing of your Personal Information for purposes of cross-context behavioral advertising or any future processing for purposes of targeted advertising, go to Zaxbys.com, look for the cookie banner at the bottom of the page, and follow the instructions. You may need to close and then re-open your browser to see the cookie banner.

Appeal Process

If you are a Colorado, Connecticut, or Virginia consumer and we refuse to take action on your request, you may appeal this refusal within a reasonable period after you have received notice of the refusal. You may file an appeal by contacting us

or at 1-866-892-9297.

Authorized Agents

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 the section entitled “Individual Requests.” 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 the section entitled “Individual Requests” or confirm that you provided the agent permission to submit the request.

California Notice of Financial Incentive

California law defines a “financial incentive” as a program, benefit or other offering “related to the collection, deletion or sale of personal information.” We offer our customers the opportunity to participate in our Zax Rewardz program. The program’s benefits are described along with other material terms and conditions

. 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 Zaxby’s. 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.