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.
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:
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
Name, title, address, email address and telephone number.
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.
Images captured on CCTV if you visit a FIVE GUYS® Restaurant.
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 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:
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.
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.
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:
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).
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:
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.
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.
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.
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.
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.
FGE Asia-Pacific Limited
ATTN: HR Department
6/F, The Annex, Central Plaza
18 Harbour Road, Hong Kong
Version September 2020