FGE Asia-Pacific Limited and Five Guys HK Limited (hereafter jointly: “we”, “us” or “Five Guys”), have adopted this Privacy Policy to reflect our commitment to protecting your privacy. We take the collection of Personal Information (as defined below) from our consumers seriously and are committed to protecting your Personal Information in accordance with this Privacy Policy. Please read below to learn how we collect, use, and disclose Personal Information.

We adopt this notice to comply with Hong Kong SAR’s Personal Data (Privacy) Ordinance (PDPO). Any terms defined in the PDPO have the same meaning when used in this Notice. We have also included specific information for other applicable privacy laws so that our consumers who may be subject to those laws can be informed of their rights and the options Five Guys provides to enable the exercise of those rights.


  • Applicability Privacy Policy
  • The types of Personal Information we collect
  • Personal Information collected via technology
  • How we use your Personal Information
  • How we share your Personal Information
  • Sales of your Personal Information
  • How we protect your Personal Information
  • Notice regarding age
  • Links to other sites
  • Privacy Policy updates
  • Rights and Choices
  • Contact us


This Privacy Policy applies to (a) (use of) the website and the Five Guys apps (“Website”); (b) any purchase made through the Website; and (c) our interactions with our consumers in our stores in Hong Kong.

If a particular service provided by or on behalf of Five Guys refers or links to a different privacy policy, then that privacy policy – not this Privacy Policy – applies.

By submitting any information through the Website, you acknowledge and agree that Five Guys may process (i.e., collect, use, etc.) your Personal Information as described in this Privacy Policy.


We collect information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, household, or device (“Personal Information”). Depending on the applicable law governing, the collection, use and disclosure of Personal Information, may not include:

  • Publicly available information from government records;
  • Deidentified or aggregated consumer information; and
  • Information excluded from the scope of applicable privacy laws.

For the purposes of consumers subject to the PDPO, “Personal Information” has the same meaning as “personal data” under the PDPO.

In particular, we may collect the following categories of Personal Information from our consumers:

Type of Personal Information



Contact information.

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

Telephone recordings

Recordings of telephone calls with our representatives and call centres.

Register to use our online services

Username and account number for access to our Website.

Details of complaints and compliments you make

Name, address, e-mail address or telephone number, details about the service you received/your experience.


Financial information and account details

Details regarding products purchased, price, payment method and other financial account details.


CCTV footage

Images captured on CCTV if you visit a FIVE GUYS® Restaurant.

Order data

Information regarding the online order(s) that you place with us through a Website (e.g. products that you order, date of order, delivery address, payment information).


Images that you share with us via social media.

Customer satisfaction/feedback surveys

Your views and opinions about your visit to a FIVE GUYS® Restaurant and your dining experience as well as your views about the Website.

Technical Information

Technical Information from any device you use in our stores in Hong Kong.

We obtain the categories of Personal Information listed above from the following categories of sources:

  • Directly from you. For example, from forms you complete or products and services you purchase.
  • Indirectly from you. For example, from observing your actions on our Website including by technological means. For more information about how we may collect your Personal Information by technological means, please see the section labelled “Personal Information Collected Via Technology.”
  • From Service Providers. For example, from vendors that provide services to us, which enable you to purchase products, so we can fulfil your purchases.
  • From publicly available sources, such as social media sites, when permitted by the terms of service for those sources. For example, if you communicate with us over Twitter or Instagram, we may receive additional information about you from your profile.

We will indicate whether it is mandatory or voluntary for you to provide certain types of Personal Information. If you do not provide Personal Information when indicated as mandatory, we may not be able to provide you with the requested products or services or communicate with you.


As you access or use the Website, we use technological means to collect information from you (including some Personal Information) to make the Website more useful to you, including the Uniform Resource Locator (URL) you just came from, the URL you go to next, your browser type, your Internet Service Provider (ISP), and your Internet Protocol (IP) address. We may also use cookies and pixels to collect Personal Information from you about your use of our Website, and we will use such Personal Information for the purposes set out in this section.

An "IP Address" is a number that is automatically assigned to your computer when you use the Internet. In some cases, your IP address stays the same from browser session to browser session. However, if you use a consumer internet service provider, your IP address may vary from session to session. We track IP addresses solely in conjunction with session cookies to analyse our web page flow.

"Cookies" are small pieces of information that a Website sends to your computer's hard drive while you are viewing a Website. Five Guys uses both session cookies (which expire once you close your web browser) and persistent cookies (which stay on your computer until they expire or until you delete them) to provide you with a more personal and interactive experience on the Website. Persistent cookies can be removed by following the help directions for your internet browser. If you choose to disable all or most cookies, some areas of the Website may not work properly.

In addition to cookies, Five Guys uses "pixels" to enable certain cookies or advertisements on the Website and to track the number of times a link or advertisement is served on a webpage. A pixel is a tiny, 1x1 image that is loaded when you visit our Website, but instead of calling up an image, it causes a cookie or application to be downloaded. Pixels can be used to track user activities, track the number of times a user has viewed a particular link or advertisement, track and optimize Website traffic, display advertisements, keep track of advertising commissions, and otherwise collect data for online marketing and Website analysis. As with cookies, our Website utilize both session pixels and persistent pixels.

We may also cookies and tracking/marketing pixels for four general purposes: (1) to ensure the functionality, optimization, and ease of use of our Website; (2) to ensure and maintain the security of our Website; and (3) to collect anonymous, statistical data regarding how visitors interact with the Website. We also utilize the tools available through Google Analytics in order to monitor site flow and statistical data regarding our Website users.

The cookies that we use for functionality and security purposes are considered necessary cookies, without which the Website would not function properly. These cookies allow some of the basic functions of our Website to work properly, such as remembering your preferences as you navigate the Website. In addition, these cookies help us secure the Website by preventing cross-site request forgery attacks and by throttling excessive request rates.

We may also use cookies to collect statistical information regarding how visitors interact with our Website and to track repeat visits to our Website. While these cookies collect information regarding how you use our Website in order to help us understand site flow and improve our Website, all such statistical data is anonymous and does not personally identify you.

Finally, we may use both cookies and pixels on our Website for marketing purposes, including: to check whether your browser supports the use of cookies, to deliver general advertisements from third party advertisers, to present targeted advertisements to particular Website visitors, to track the particular advertisements that have been displayed to you, to collect data regarding how you interact with YouTube videos across different Website, to estimate your bandwidth on pages with integrated YouTube videos, to track your browser activity across devices and marketing channels, to track the actions you take after viewing an advertisement in order to measure the efficacy of the advertisement, and to display particular advertisements in order to re-engage visitors that are likely to convert to customers based on those visitors’ online behaviour across Website.

You may have the option to manage the cookies we use in connection with the Website through the cookie consent settings and preferences, if made available to you on the Website.


We may use or disclose the Personal Information we collect for one or more of the following purposes:

  • To fulfil or meet the reason you provided the information. For example, if you share your name and contact information to ask a question about our products or services, we will use that Personal Information to respond to your inquiry. If you provide your Personal Information to purchase a product or service, we will use that information to process your payment and facilitate delivery. If you provide Personal Information to enter a contest or sweepstake, we will use that information to process your entry and to contact you to fulfil the terms of that contest or sweepstake if you win. We may also save your information to facilitate new product orders or process returns.
  • To provide, support, personalize, and develop our Website, products, and services.
  • To process your requests, purchases, transactions, and payments and prevent transactional fraud.
  • To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.
  • To personalize your Website experience and to deliver content and product and service offerings relevant to your interests.
  • To help maintain the safety, security, and integrity of our Website, products and services, databases and other technology assets, and business.
  • For testing, research, analysis, and product development, including to develop and improve our Website, products, and services.
  • To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
  • As described to you when collecting your Personal Information or as otherwise set forth in applicable privacy laws, including the PDPO.
  • To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Information held by us about our consumers is among the assets transferred.

We will not collect additional categories of Personal Information or use the Personal Information we collected for materially different, unrelated, or incompatible purposes without providing you notice (and obtaining your consent, where required to do so under applicable law).

If you provide feedback on any of our products or services to us, we may use such feedback for any purpose, provided we will not associate such feedback with your Personal Information. We will collect any information contained in your feedback and will treat the Personal Information in such communication in accordance with this Privacy Policy.

We will not perform any automated decision-making processes involving the information that we collect.

We may create Deidentified Information records from Personal Information by excluding information (such as your name and/or IP address) that would allow someone to identify a specific individual. "Deidentified Information" means information that is not associated with or linked to your Personal Information, including any feedback you may provide, which cannot be reidentified with your Personal Information. Deidentified Information does not permit the identification of individual persons. We may use this Deidentified Information to analyse request patterns and usage patterns so that we may enhance our products and services. Five Guys reserves the right to use and disclose Deidentified Information to third parties in its discretion.


We may disclose your Personal Information to a third party for a business purpose notified to you in the section above “How We Use Your Personal Information”. When we disclose Personal Information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that Personal Information confidential and not use it for any purpose except performing the contract.

We may share your Personal Information with the following categories of third parties:

  • Service providers engaged by us to perform the functions described in the section above, including but not limited to our IT systems providers, food safety consulting services, suppliers to analyse the customer restaurant experience, food and beverage delivery services, managing online ordering Website, online payment processing services, translation services, point of sale solutions and consulting services.
  • Affiliates of Five Guys;
  • Franchisees of Five Guys;
  • Social media websites;
  • Five Guys’ professional advisors;
  • Social media related parties;
  • Government entities and/or regulatory bodies, including judicial and law enforcement authorities, in any applicable jurisdiction pursuant to lawful requests or as required by applicable law;
  • Any other party to whom you authorise the disclosure of your Personal Information.

While we may request your consent to use or share your Personal Information to fulfil or perform services regarding your orders and requests, we may also use or share your Personal Information without your consent for any legitimate purpose if and as allowed under the applicable laws and regulations. Five Guys has taken certain organizational and technological security measures to protect your Personal Information, described in the “How We Protect Your Information” section, and requires at least the same degree of organizational and technological security measures to be used by all third parties with whom we may share your Personal Information.

Additionally, we may share some or all of your Personal Information with "Affiliates" (parent company, subsidiaries, joint ventures, or other companies under common ownership and/or control), in which case we will require our Affiliates to provide at least the same degree of protection for your Personal Information as we do under this Privacy Policy. If our company or our assets are acquired by another company, that company will possess the Personal Information collected by us and it will assume the rights and obligations regarding your Personal Information as described in this Privacy Policy.

Some of our Affiliates may be organizations outside of the jurisdiction in which you live. If we share your Personal Information with such Affiliates, we will use appropriate methods to transmit your information in accordance with all applicable laws and regulations. Such methods may include the Privacy Shield framework, model contract clauses, or binding corporate bylaws.


It is Five Guys’ policy not to sell the Personal Information of our consumers. As such, in the preceding twelve (12) months, we have not sold Personal Information.


To protect your Personal Information, we agree to take reasonable technical and organizational precautions in addition to following industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered, or destroyed.

Five Guys has implemented industry-standard organizational and electronic means of protecting your Personal Information. Our Website make use of back-end technology that has been CSA STAR Certified and covered by a range of ISO certifications, including ISO 27001:2013, ISO 27017:2015, ISO 27018:2014, ISO 20000-1:2011, ISO 22301:2012, and ISO 9001:2015, and which is designed protect your Personal Information. We store Personal Information behind a computer firewall, which is a barrier designed to prevent outsiders from accessing our servers. In addition, Five Guys protects your Personal Information from unauthorized physical access by storing your Personal Information in a controlled facility. Except as provided elsewhere in this Privacy Policy, Five Guys limits access to Personal Information, regardless of if it is stored electronically or in physical form, to those persons (including employees and contractors) in Five Guys' organization who have a business need for such access.

Even though we have taken significant steps to ensure that your Personal Information is not intercepted, accessed, used, or disclosed to or by unauthorized persons, you should know that Five Guys cannot completely eliminate security risks associated with Personal Information.


By using the Website, you represent that you are at least the age of 18 or that you are the age of 18 and you have given us your consent to allow any of your minor dependents to use this Website.


If we have provided a link to any other Website or location, it is for your convenience and does not signify our endorsement of such other Website or location or its contents. We have no control over, do not review, and cannot be responsible for these outside Website or their content. Please be aware that the terms of our Privacy Policy do not apply to these outside Website.

Of particular note, please be aware that the Five Guys “Order” Website and application, and the Five Guys “Career” Website, are operated by our trusted partners and are not controlled or operated by Five Guys. The terms of our Privacy Policy do not apply to these outside Website and applications, and these Website and applications have their own Terms of Service and Privacy Policy. We are not responsible for the privacy practices of these Website and applications, except as otherwise required under the relevant laws and regulations. We encourage you to read their terms and privacy statements if you wish to utilize these Website and applications.

Once you leave our store’s Website or are redirected to a third-party Website or application, you are no longer governed by this Privacy Policy or our Website’s Terms of Service. For your convenience, we may provide pop-up banners or notices in some instances when you leave our store’s Website or are directed to a third-party Website or application, but we make no representations that we will provide such notice for all third party links on our Website.

When you click on links on our store, they may direct you away from our Website. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.


We reserve the right to amend this Privacy Policy at our discretion and at any time. If we change the way we collect, use, or disclosure your Personal Information that require us to make changes to this Privacy Policy, we will post a notice on this page and update the Privacy Policy’s effective date, and where required to do so by applicable law we will obtain your consent to material changes to this Privacy Policy. Your continued use of our Website following any posted updates to the Privacy Policy constitutes your acceptance of such changes. If you object to any of the changes to our Privacy Policy, you must stop using the Website.


The PDPO provides Hong Kong consumers with specific rights regarding their Personal Information. This section describes your rights under the PDPO and explains how to exercise those rights.

To the extent permitted under the PDPO, you may request access to, and correction of, your Personal Information held by us.

We may charge a reasonable fee for complying with your data access request.


If you have any general questions about our Privacy Policy or questions about how we collect, use, or share your Personal Information, or would like to exercise your rights with respect to your Personal Information as described above, you can contact us at:


Mailing Address:

FGE Asia-Pacific Limited
ATTN: HR Department
6/F, The Annex, Central Plaza
18 Harbour Road, Hong Kong

Version September 2020