Scope and Updates

This privacy policy (“Policy”) describes the information that What If Syndicate (“WIS,” “we,” or “us” or “our”) collects on whatifsyndicate.com or any other authorized websites, mobile applications, wi-fi service, other online services, tools or programs where this Policy appears, and in connection with our business and our Programs (defined below) (collectively, the “Services”), how we use such information, and when we share it with third parties. This Policy applies only to information collected via the Services. We may combine the information we collect through the Services with information that we receive in other contexts, including information you provide or that we obtain over the phone, via fax, or when you visit a WIS restaurant, in which case we will treat the combined information in accordance with this Policy. Please note that not all of the features/functionality described in this Policy are available on or through each portion of the Services.

This Policy is part of the Terms of Use (“Terms”) for the Services. Separate terms may apply instead of or in addition the Terms in connection with certain/other programs and services offered by WIS (“Programs”). By using the Services, you agree to this Policy, the Terms, and/or any applicable Program terms. We may change or modify this Policy from time to time and will post the updated Policy with a “Last Updated” effective date of the revisions. Any changes or modifications will be effective immediately upon posting of the changes or modifications, and, to the extent permitted by law, you waive any right you may have to receive specific notice of such changes or modifications. Your continued access to or use of the Services and/or participation in any of the Programs after this Policy has been changed or modified (see Last Updated date above) signifies your acceptance of the updated Policy. As a result, you should frequently review this Policy and the Terms and Program terms to understand the terms and conditions that apply to your access to, use of and/or participation in the Services. If you do not agree to the changed or modified Policy Terms and/or Program terms, do not use the Services.

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Information We Collect

WIS collects both Personal Information (defined below) and Other Information (defined below) regarding users of the Services or relating to the Services, either directly or through the activities of third-party suppliers or vendors and service providers (“Suppliers”). For purposes of this Policy, “Personal Information” is information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, to a person. “Other Information” is any information that is not Personal Information. We may combine Other Information with Personal Information, and in those circumstances, we will treat the combined information as Personal Information.

The Personal Information that WIS may collect includes:

• First and last name
• Address
• Email address
• Phone number
• Persistent online identifier (e.g. persistent cookie, IP address, MAC address)
• Geolocation (which may include specific longitude and latitude)
• Certain financial payment details for purchases
• Financial and business information related to a catering applicant/customer
• Internet/Network information, such as device name, device ID, browsing history, browser type, interaction with website or online advertisement
• Inquiry information, such as your questions/feedback to us or survey responses

Note that additional Personal Information may be collected from potential job applicants. Please reference our Job Applicant Privacy Notice for more details.

For information about Other Information we collect, please see the section below “Sources of Our Collection,” as well as the “Usage Information” and “Third Party Analytics and Targeted Marketing” sections of this Policy.

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Sources of Our Collection

WIS collects Personal Information and Other Information from various sources that may include, for example, from:

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• You Directly. Information you provide directly when you use or otherwise interact with the Services, complete a survey, subscribe to our “Let’s stay in touch” or otherwise, provide feedback and/or submissions, make a press inquiry, or submit information through the Services, in connection with a Program or otherwise.
• Your Browser or Device. Information collected automatically as a result of your interaction with us, our Suppliers and/or use of the Services (including historical sales information), your geolocation information (which may include specific longitude and latitude), usage times and volume, and information about the device you are using (for example, device type, device ID, characteristics and status, browser type, operating system and application version and information about how our application is used) or through our marketing activities (see the “Usage Information” and “Third Party Analytics and Targeted Marketing” sections below).
• Publicly Available Sources. Information that is publicly available, for example information you submit to a social media network like Facebook or Instagram.
• Social Media Networks. Information that your social media network provides to us if you connect your social media account with WIS. For example, this may include your social media ID or username, name, email address, general location, friends list, and demographic information such as gender or birthday/age. Note that certain of the information we receive may become part of your account(s) with WIS and will be subject to this Policy.
• Otherwise in Accordance with our Agreements with You. Information as described elsewhere in this Policy, the Terms, and/or applicable Program terms, or at the time such information is collected.

We may combine the information we collect about you, and we may combine information we collect about you with information we collect from other sources, for example, our advertisements that you see. See the “Usage Information” and “Third Party Analytics and Targeted Marketing” sections of this Policy. We may also associate information we collect about you with information we collect about other users’ accounts if you/your employer has set up an account for multiple authorized users (for example, a corporate catering account).

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How We Use the Information We Collect

WIS or our Suppliers may use Personal Information and/or Other Information in a number of ways, including:

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• To Better Serve You. To help us better understand and serve our customers.
• To Fulfill Your Orders. To fulfill your order either online or in our restaurants.
• To Provide You Our Services. To provide Services, Program and services functionality and to administer the Services, including to let you sign up for a subscription, process orders or reservations placed, track submissions, to keep records of our interactions, and to ensure your compliance with any applicable Program terms. Note that third-party information you provide (for example, your friend in a forward-to-a-friend program) may be maintained in connection with your submission.
• To Contact You. To contact you by email, phone, text, push notice, or other method regarding our products and services, including matters related to your account, your order, or your future needs.
• To Provide You Information About Our Services. To provide you with, or otherwise respond to your submissions or requests for, information and/or services, including but not limited to providing e-newsletters, webcasts, text messages, push notices, marketing, and other programs; responding to customer service inquiries, and private event, catering, and other special services inquiries.
• To Send You Promotional Offerings. To send you promotional messages regarding new products or services, events in our restaurants, events that WIS sponsors, including but not limited to contests, surveys, special offers, and marketing programs, which may include information about restaurants, and/or other programs with which any of us or them are involved, and/or information about third party products, services, offers or programs.
• To Invite You to Participate in Surveys. Survey responses received by WIS may not be in an anonymous format and may be associated with your Program account or other Personal Information.
• To Provide You Location-Based Services. To provide location-based services to you or to engage in analysis, research, product development, and targeted marketing by email, push notification, online, or in-app advertising, or otherwise based on your device’s geolocation (which may include specific longitude and latitude), your use of our Services, and Personal Information that we collect from you on the Services. See “Location” below for more information. If you do not want to share your specific longitude and latitude with WIS, you may adjust your location preferences on your computer, browser, or mobile device.
• To Enhance Our Services. To enhance our customers’ and Service users’ experiences in our restaurants, on the Services, or in a Program, and enhance the sales efforts of WIS and/or our restaurants.
• To Protect Our Online Security and Our/Our Supplier’s Rights, Property and Interests. To monitor and protect the security of our computer systems and networks, and to protect WIS’s and our Suppliers’ rights, property, and interests.
• For Research Purposes. To conduct research and analysis and to otherwise measure the effectiveness of the Services, Programs, and our online and offline marketing efforts, and to develop and implement products, services, and marketing programs. This may include the combination of Personal Information with Other Information as well as with Personal Information and/or Other Information acquired by us from online and offline sources.
• For Collaboration with Third Parties. To work with third parties to append data to our records or enable other parties to append Other Information to their records.
• For Marketing Purposes. To coordinate Program activities and communications with other communications and marketing programs conducted by us and/or our restaurants. For purposes of targeted or customized advertising or messaging to you, including as described in the “Third Party Analytics and Targeted Marketing” section below.
• To Prevent Fraud. To prevent, investigate, or provide notice of fraud or unlawful or criminal activity.
• To Comply with the Legal Process and Our Legal Obligations. To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
• For Our Business Transactions. To evaluate, negotiate 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 consumers is among the assets transferred or is otherwise relevant to the evaluation, negotiation, or conduct of the transaction.
• As Otherwise Provided in Our Agreements with You. As otherwise described in this Privacy Policy, the Terms, and/or Program terms, or at the time such information is collected.

How We Share Information with Third Parties

We may share your Personal and/or Other Information with third parties as described in this Policy and for our business purposes including:

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• To Our Service Providers. To our Suppliers who are performing services for us, including, without limitation, companies that host our Services or information systems, deliver communications on our behalf, make gift card services available to you, take reservation, order, or payment information, deliver orders to you, or otherwise assist us with providing the Services to you.
• Within WIS and its Affiliates. To affiliates, and business units, suppliers, consultants, and agents of us/them, including to administer/improve our/their programs and services.
• To Businesses Providing Features through our Services. The Services may also contain social media features, such, for example, as a Facebook “like” button or a Instagram “follow” button. If you choose to use these features or other comment or sharing features provided through the Services, such action may disclose your Personal Information and/or Other Information not just to third-party websites and services, but also to their users and the public more generally. The Services may also allow you to share portions of your account information with third parties and will automatically share information about your use of our Services with third parties if you use third-party services to interact with the Services.
• To Third-Party Internet Plug-Ins. To third parties that operate plug-ins on the Services (such as the Facebook “like” button and the Instagram “follow” button). Even if you do not click on these plug-ins, they may collect information about you, such as your IP address and the pages that you view. They also may set and/or access a cookie. These plugins are governed by the privacy policy of the company providing them.
• To Third Parties in the Context of a Corporate Transaction. To third parties in the event of a proposed or actual merger, acquisition, bankruptcy, financing, sale, or other transfer of some or all of our business or assets.
• To Analytics Providers. To Suppliers and other third parties to engage in analysis, research, improvements to our products and services, and product development. These parties may use insights gathered from such information to improve their own products or services.
• To Third Parties in Anonymous/de-identified and/or Aggregated Form. To Suppliers and other third parties in an anonymous/de-identified and/or aggregated form that is not linked or reasonably linkable to any consumer or household, such as sharing statistics about users of the Services for WIS’s, Supplier’s, and third party(ies)’s business purposes or otherwise.
• To Business Partners. To third parties so they can develop, improve, and tell you about their products, services, offers, and programs which work with or are otherwise related to WIS’s or its affiliates’ products, services and offers. For example, we may share your information with a payment processor or a reservation service in order for them to tell you about how their services work with WIS’s services. To third parties when you use their services together with our Services, or when you share information directly through our Services. For example, the Services may contain links to third-party websites that incorporate comments and social media features.
• To Law Enforcement and in Accordance with our Legal Rights and Obligations. Pursuant to judicial or governmental subpoenas, warrants, or other like orders, to cooperate with other requests from government or law enforcement, and in other ways necessary to comply with applicable law, as well as to investigate, prevent, or take action regarding illegal activities, suspected fraud, violation of third-party rights, situations involving potential threats to the physical safety of any person, or any other similar situation, or violations of the Terms and/or Program terms. We may also use and share Personal Information and/or Other Information to establish, protect, or exercise our legal rights or defend against legal claims. As otherwise described in this Privacy Policy, the Terms, and/or Program terms, or at the time such information is collected.
• To Third Parties at Your Request or Otherwise with Your Consent. To third parties at your direction or with your consent.

To learn about opting out of the sharing of your Personal Information, see the “Your Choices and Changing Your Information” section.

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Usage Information

Like most websites, apps and other like services, the Services gather traffic patterns, usage information, and similar data. This usage data may identify you individually and we may associate it with Personal Information that we collect from you on the Services and related to any Program(s) you participate in and as otherwise described in this Policy. (See the “Information We Collect” and “How We Use the Information We Collect” sections of this Policy for more details.) We may use this data in aggregated form or share anonymous/de-identified and/or aggregated information/statistics about visitors to the Services with others outside of WIS, and we may allow third parties to collect and aggregate Other Information through the Services and/or Supplier sites accessible from or through the Services.

WIS and/or our third-party Suppliers may use cookies, pixels and/or web beacons (described below), device identifiers, device location features or beacons, or other monitoring technology (“Tracking Technologies”), to enhance the browsing and usage experience on the Services and enable certain functionality related to our Services. The information captured about your activities on the Services will also make it possible for us, among other things: (i) to speed navigation; (ii) to remember information you gave to us so you do not have to re-enter it each time you access the Services; (iii) to target advertising as described in the “Third Party Analytics and Targeted Marketing” section below and monitor the effectiveness of certain of our marketing campaigns; and (iv) to monitor total number of visitors, pages/websites viewed/attempted, the web address you came from, and type of browser you are using. The Services may use third party services to help collect and analyze certain information for the purposes described in this Policy.

• “Cookies” are small files or records that are stored on your computer’s hard drive when you visit a website. To block cookies used on the Services, you can clear your browser(s) of all existing cookies and set your browser(s) to refuse cookies. The “help” functionality of your browser(s) will explain how to do this. If you refuse cookies, your experience on the Services, some Programs, and some of our online advertising may be affected – for example you may not be able to utilize all of the features on the Services. You may opt out of the use of cookies by Google Analytics on websites as described at https://tools.google.com/dlpage/gaoptout. You may immediately opt out of the use of cookies by Adobe analytics tracking as described at http://stats.adobe.com/optout.html?optout=1. You may opt out of the use of certain cookies on the career pages of this Site as described in the Career Site Cookies Settings on the career pages of this Site.
• “Pixels” or “web beacons” are lines of code used by a website or third-party ad server to cause a cookie to track a user’s activity on particular sites and/or using particular advertising/links, for example, to record that a user has visited a particular webpage or viewed a particular email, and to collect other information about that user on that site, including the IP address of the computer (and therefore infer information, such as geolocation (which may include specific longitude and latitude)), web pages being viewed, date/time viewed, and user activity on a particular page.

Third-Party Analytics and Targeted Marketing

Analytics

We partner with third-party Suppliers to engage in analytics, analysis, auditing, measurement, research, and reporting, including without limitation based on Personal Information and/or Other Information collected over time, such as through your participation in the Programs, your activity on the Services, your device’s geolocation (which may include specific longitude and latitude), and your activity on unaffiliated third-party sites, mobile apps, or other online services. Our Suppliers may use web logs or pixels, and/or they may set and access cookies or other Tracking Technologies on your computer or other device. For example, we may use third party services to help collect and analyze certain information for the purposes described in this Policy, including to evaluate our targeted marketing activities. Also see the “Targeted Marketing” section below. We may use this data in individual form, in a format that that does not, by itself, identify you individually and/or aggregated form, we may share information that does not, by itself, identify you individually and/or aggregated information and/or statistics with others outside of WIS, and we may allow third parties to collect and aggregate Other Information in connection with the use of Tracking Technologies. Your Personal Information may also be used for analytics related to tracking your activities on the Services, for example, whether you participated in a Program, and which links within our Service you clicked on. See the Career Site Cookies Settings for information specific to the career pages of this Site.

You may opt out of the use of cookies by Google Analytics on websites as described at https://tools.google.com/dlpage/gaoptout. You may immediately opt out of the use of cookies by Adobe analytics tracking as described at http://stats.adobe.com/optout.html?optout=1.

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Targeted Marketing

We and our Suppliers may implement and evaluate our marketing activities and programs, including to engage in targeted and personalized online advertising on the Services, on third-party websites, mobile apps, TV, or other online or offline services operated by third parties. This marketing may be targeted to you based on Personal Information and/or Other Information collected over time, such as through your activity on the Services, your device’s geolocation (which may include specific longitude and latitude), your activity on unaffiliated third-party sites, mobile apps, or other online services, other marketing activities and Programs, and/or from third parties with whom we work. We and our Suppliers may use Tracking Technologies (as described under “Usage Information” above) to collect information for such marketing and evaluation purposes. For example, our Suppliers may use the fact that you visited the WIS website to deliver ads to you on non-WIS websites. We and our Suppliers may also identify whether our marketing activities and programs resulted in you engaging in other activities on our Services, our advertising and/or marketing, making

purchases from us and our restaurants, visiting our restaurants, or otherwise engaging with us.

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Cross-Device Technologies

We and our Suppliers may use collected information to establish connections among related web browsers and devices (such as smartphones, tablets, and computers) for targeted advertising, analytics, attribution, and reporting purposes. We and/or our Suppliers may match your browsers or devices if you log into the same online service on multiple devices or if your devices share similar attributes that support an inference that they are used by the same person or household. This means that your online behavior (information about your activity on websites or apps on your current browser or device and your device’s geolocation (which may include specific longitude and latitude)) may be combined with information collected from your other browsers or devices. For example, our Suppliers may use this information to deliver an ad on your tablet or smartphone, to limit the number of times you see an ad across your devices, and to help measure the effectiveness of advertising campaigns across devices.

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Opt-Out Choices

You may opt-out of certain of our or our Suppliers’ targeted marketing practices in web browsers by following the instructions below. Please note that 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. Note that some Suppliers may also make their own opt-out process available. Please note that even if you choose to opt-out of receiving targeted advertising, you may still receive advertising about WIS.

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• Web Browser Opt-Out. To opt out in web browsers, please visit the Network Advertising Initiative Consumer Opt-Out Page at www.networkadvertising.org/choices, the Digital Advertising Alliance Consumer Choice page at www.aboutads.info/consumers, and the Digital Advertising Alliance of Canada Consumer Choice page at www.youradchoices.ca/choices.
• Location Opt-Out. If you do not want WIS to use your specific longitude and latitude information for targeted marketing purposes, you may adjust your location preferences on your computer or browser.

If you would like to request that WIS limit the use or sharing of your Personal Information for other targeted marketing purposes, please contact us at info@whatifsyndicate.com. If your Personal Information has previously been shared with our Suppliers or other third parties, any request to limit such sharing may not be effective with respect to such previously shared Personal Information.

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Children’s Privacy

The Services are not directed toward children under the age of 13, and we do not knowingly collect any Personal Information from children under the age of 13. If you are between the ages of 13 and 18, please ensure that you use the Services with the permission of a parent or guardian. You must be 18 to use some portions of the Services. If a child under 13 has provided us with Personal Information, we ask that a parent or guardian call us at 424-570-4444 or write us at info@whatifsyndicate.com, so that we may promptly delete the child’s information from our records.

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Security and Cross-Border Transfer of Your Information

WIS maintains reasonable physical, electronic, and procedural safeguards to protect your Personal Information. Unfortunately, we can’t guarantee that any safeguards or security measures will be sufficient to prevent a security problem. Email submissions over the Internet may not be secure, so please do not include any sensitive or confidential information in any emails to us.

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Personal Information and Other Information may be transferred to and stored on computers and servers located in the United States and other countries located outside your country of residence. The laws of these countries may not offer a level of privacy protection for Personal Information as great as that offered in your country of residence. Further, Personal Information might be disclosed to governments or law enforcement agencies in these countries where required by law. By agreeing to this Policy, using the Services, and/or sharing your Personal Information with WIS, you consent to such transfer.

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Your Choices and Changing Your Information

We provide you with the ability to review or change certain elements of your Personal Information and make certain choices about how we use or share Personal and/or Other Information. You may review, change, or exercise choice regarding certain of your Personal Information and/or Other Information as follows:

• To update, verify, or delete certain of your Personal Information, please edit the applicable account. If you need assistance, please contact us at info@whatifsyndicate.com. Note that not all fields are able to be changed.
• To opt out of certain analytics tracking, online advertising and third-party tracking, see the “Usage Information” and the “Analytics” and “Opt-Out Choices” subsections of the “Third Party Analytics and Targeted Marketing” section above.
• To stop sharing your specific longitude and latitude information with us, you may adjust your location preferences on your computer or browser.
• To request that WIS does not share your Personal Information with third parties for their own marketing purposes on a going-forward basis, please contact us at info@whatifsyndicate.com.
• To unsubscribe from marketing emails, click the “unsubscribe” link found in our marketing email messages.
• To unsubscribe from text message communications, text STOP in response to the text message you received. Note that you will only be unsubscribed from the particular program about which the text was sent. If you have signed up for multiple text programs you will need to opt out of each program separately. Your opt-preference is tied to the mobile phone number you provide, not to any WIS account or you individually. Accordingly, if you share a phone number with someone else, the most recent opt preference for that mobile phone number will apply.

In some cases, this information may not be immediately updated, subject to retention for Program administration, dispute resolution, troubleshooting, and other legal or business reasons, including within our Supplier’s records. Your historical usage information may remain in our/our Supplier’s records. Also see the “Usage Information” and “Analytics” and “Opt-Out Choices” sub section of the “Third Party Analytics and Targeted Marketing” section above for other limitations. Other choices may be available within your account page or presented to you in certain marketing communications.

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Region/Use-Specific Notices

We may choose or be required by law to provide different or additional privacy notices relating to the processing of Personal Information about residents of certain countries, regions, or states. Please refer below for notices that may be applicable to you:

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California

If you are a resident of the State of California, see our supplemental California Privacy Notice.

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Nevada

Under Nevada law, Nevada residents may opt out of the “sale” of their personal information, where the information is exchanged for monetary consideration. We do not engage in such activity; however, if you are a Nevada resident, you may submit a request to opt out of potential future sales under Nevada law, please contact us at info@whatifsyndicate.com. Please note we will take reasonable steps to verify your identity and the authenticity of the request. Once verified, we will maintain your request in the event our practices change.

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Job Applicants

If you are a job applicant, see our supplemental Job Applicant Privacy Notice relating to job applications.

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Third-Party Sites/Services

The Services may access or provide links to web sites or online services not operated by WIS, including our Supplier(s) related to certain Programs or services offered through the Services (such as gift card purchases or interaction with or other third-party assisted ordering, delivery, or reservation processes). We may also provide you with access to third-party functionality that allows you to post certain content from the Services to your social media account(s). Any information that you provide that interacts with the third-party service or that you post to a third-party site or service is governed by the applicable third party’s terms and privacy policy. WIS assumes no responsibility for third-party services or websites, including but not limited to, the privacy practices of these third-party sites. We encourage you to be aware of this when you leave the Services and/or share information with third parties or the public, and we recommend that you review the privacy policies of such third-party sites.

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