505 Southwestern® Food Truck Challenge Privacy Policy

Effective Date: May 31, 2017

Flagship Food Group] (“FFG”, “Company”, “we,” “our,” “us”), the owner of 505 Southwestern® brand, owns and operates the 505 Southwestern® Food Truck Challenge (“Contest”) and related website(s) (“Contest Website”). We respect your privacy and value your trust and confidence. This privacy policy (the "Privacy Policy") applies to the Contest Website and any website operated by us, as well as any services we provide with the foregoing (collectively, the "Services"), and explains how we collect, use, and disclose information through the Services. The Contest is further governed by the contest rules located at https://www.505clashofthehatch.com/rules (the “Contest Rules”), and the Services are governed by the End-User License Agreement and Terms of Service at https://www.505clashofthehatch.com/terms-of-use (“Terms of Service”). By using the Services, you agree to the terms of this Privacy Policy. If you do not agree with this Privacy Policy, you must not participate in the Contest or otherwise use the Services.

1. Types of Information That May Be Collected

To access and use most of the Services, you are required to register an account with us. We may ask you for some or all of the following types of information when you register with our Services, or when you sign up for the Contest or other contests, sign up for email subscriptions, participate in surveys, access various content or features, submit comments or content, or directly contact us with questions or feedback:

• Contact information, such as name, e-mail address, postal address, and telephone number;

• Unique identifiers, such as a user name or password;

• Credit card information (solely for fulfillment of any purchases) via the Services;

• Demographic information, such as gender;

• Name of Food Truck Owner/Operator

• Phone Number;

• Email;

• Food Truck Name;

• Food Genre;

• Length of operation;

• Social Media Handles/Names;

• Pictures of the Food Truck;

• Current Menu (Offerings and Prices);

• Food Truck’s Website;

• License information;

• Insurance information;

• Intended participation in food related events;

• Willingness to participate in FFG events;

Such information, if collected, will be voluntarily provided by you through the Contest Website or through such other third-party service providers as we may utilize in the future. However, your participation in the Contest may be conditioned on the provision of such information, and your entry may be judged on the basis of your responses, as further described in the Contest Rules. Please note that the information identified above is by way of example, and we may request other information that will help us judge the Contest.

We also may collect certain information automatically when you visit the Services, including:

• Your Internet Protocol (IP) address, which is the number automatically assigned to your computer whenever you access the Internet and that can sometimes be used to derive your general geographic area;

• Other unique identifiers, including mobile device identification numbers;

• Your browser type and operating system;

• Sites you visited before and after visiting the Services;

• Pages you view and links you click on within the Services and related websites which are also owned and operated by us, our affiliates, or our business partners, including articles, videos, and photo galleries viewed;

• Information collected through cookies, pixel tags, Local Shared Objects (as defined below), and other similar technologies;

• Information about your interactions with e-mail messages, such as the links clicked on and whether the messages were received, opened, or forwarded; and

• Standard Server Log Information (as defined below).

We may use cookies, pixel tags, Local Shared Objects (sometimes referred to as “Flash Cookies”), and similar technologies to automatically collect this information. Cookies are small bits of code that are stored by your computer’s web browser and that may automatically identify your browser to the Services whenever your computer is used to visit the Services. For more information about cookies visit http://www.allaboutcookies.org. Pixel tags are very small images or small pieces of data embedded in images, also known as "web beacons" or "clear GIFs,” that can recognize cookies, the time and date a page is viewed, a description of the page where the pixel tag is placed, and similar information from your computer or device. Local Shared Objects are similar to standard cookies except that they can be larger and are downloaded to a computer or mobile device by the Adobe Flash media player. Please note that you may need to take additional steps beyond changing your browser settings to refuse or disable Local Shared Objects and similar technologies. For example, Local Shared Objects can be controlled through the instructions on Adobe’s Setting Manager page. By using the Services, you consent to our use of cookies and similar technologies. You can decide if and how your computer will accept a cookie by configuring your preferences or options in your browser. However, if you choose to reject cookies and similar technologies, you may not be able to use certain online products, services or features on the Services.

2. Use of Information

We may use information that we collect through the Services for a variety of purposes, including to:

• Provide you with the products, promotions, services, newsletters, and information you request and respond to correspondence that we receive from you;

• Contact you via email and otherwise about your account, products, services, contests, and events that we think might be of interest to you;

• Send you promotional material or special offers on our behalf or on behalf of our marketing partners and/or their respective affiliates and subsidiaries and other third parties;

• Provide, maintain, administer or expand the Services, perform business analyses, or for other internal purposes to improve the quality of our business, the Services, and other products and services we offer;

• Publish your name, likeness, and any stories, comments, photos, and other information posted in our interactive online features or as part of materials distributed in connection with the Contest in any on-line or off-line medium;

• Customize and personalize your use of the Services;

• Facilitate your participation in the Contest, including, by way of example, displaying of photographs you have provided or likeness as part of the Contest or its results, as well as such other purposes as may be described in the Contest Rules;

• As otherwise described to you at the point of collection or pursuant to your consent, or otherwise in the Contest Rules or in the Terms of Service.

We may use your non-personal information (including personal information that has been de-identified and/or aggregated) for any reason at our sole discretion.

3. Sharing of Information

We are committed to maintaining your trust, and we want you to understand when and with whom we may share the information we collect.

Service Providers: We may share your information with service providers that perform certain functions or services on our behalf (such as to host the Services, fulfill orders, provide products and services, manage databases, perform analyses, process credit card payments, provide customer service, develop our websites or mobile apps, or send communications for us).

Licensees and Their Subsidiaries and Affiliates: We may share your information with our owners and licensees or any of our/their affiliates.

Select Business Partners: With your permission, we may share your personal information with select business partners so that they can provide you with special offers, promotional materials, and other materials that may be of interest to you. For example, you may be presented with an opportunity to have certain personal information shared with our third party business partners when you enter a contest or sweepstakes or elect to receive marketing offers or other information. If you do not elect to have your personal information shared, it will not be shared with such third parties. We take measures to help ensure that our partners protect the confidentiality, integrity, and security of any information we share with them. However, we are not responsible for the privacy practices of our business partners, which may use your information for their own purposes.

Third-Party Ad Serving and Audience and Traffic Measurement Services: We may use third-parties to serve advertisements on the Services. These third parties may set their own cookies or similar web technologies to collect information about users’ online activities over time and across different websites. You may opt out by sending an email to [email protected].

Business Transfer: If we sell all or part of our business, or make a sale or transfer of assets, or are otherwise involved in a merger or business transfer, or in the unlikely event of bankruptcy, a business reorganization, or similar event, we may transfer your information as part of such transaction.

Administrative or Legal Process: We may disclose your information to third parties in order to protect the legal rights, safety, and security of our organization, our corporate affiliates, subsidiaries, business partners, the Contest participants, and the other users of our Services; enforce our Contest Rules or Terms of Use; respond to and resolve claims or complaints; prevent fraud or for risk management purposes; and comply with or respond to law enforcement or legal process or a request for cooperation by a government or other entity, whether or not legally required.

Interactive Features: We may share information with third parties when you post information to a user profile or a public area of the Services, such as a chat room, forum, blog, or other community tool. If you post to these interactive features, it will be publicly available and you may receive unsolicited messages from other parties. We cannot ensure that parties who have access to such information will respect your privacy. Please exercise caution when using these features.

Other Parties With Your Express or Implied Consent: We may share information with third parties when you consent to such sharing; your consent will be deemed to have been granted by your participation in any Contest. For example, if you participate in the Contest, we may publish your name, the name of your food truck, likeness, and certain other personal information related to any prize or your experience in the Contest, as further described in the Contest Rules.

Non-personal Information: We may share non-personal information (including personal information that has been de-identified and/or aggregated), such as demographic and usage statistics, with advertisers, sponsors or other third parties for any reason at our sole discretion.

We may also allow third parties to place and read their own cookies, pixel tags, Local Shared Objects, and similar technologies to collect information through the Services. For example, our third-party service providers may use these technologies to collect information that helps us with traffic measurement, research, and analytics.

4. Social Networking Services

We may work with certain third-party social media providers to offer you their social networking services through our Services. For example, you may be allowed to use third-party social networking services, including but not limited to Facebook, Twitter, and others to share information about your experience on our Services with your friends and followers on those social networking services. These social networking services may be able to collect information about you, including your activity on our Services. These third-party social networking services also may notify your friends, both on our Services and on the social networking services themselves, that you are a user of our Services or about your use of our Services, including, if applicable, your participation in the Contest, in accordance with applicable law and their own privacy policies. If you choose to access or make use of third-party social networking services, we may receive information about you that you have made available to those social networking services, including information about your contacts on those social networking services.

You also may be able to link an account from a social networking service (e.g., Facebook, Twitter) to an account through our Services. This may allow you to use your credentials from the other site or service to sign in to certain features on our Services. If you link your account from a third-party site or service, we may collect information from those third-party accounts, and any information that we collect will be governed by this Privacy Policy.

5. Links To Other Web Sites

The Services may contain links to other websites or online services that are operated and maintained by third parties and that are not under the control of or maintained by us. Such links do not constitute an endorsement by us of those other websites, the content displayed therein, or the persons or entities associated therewith. This Privacy Policy does not apply to this third-party content. We are not responsible for the privacy policies, practices or content of such other websites or online services. We encourage you to review the privacy policies of these third-party websites or services.

6. Security

We have adopted reasonable and appropriate security procedures to help protect against loss, misuse, and unauthorized access to the information you provide to us. Please note, however, that no data transmission or storage can be guaranteed to be 100% secure. As a result, while we strive to protect your information and privacy, we cannot guarantee or warrant the security of any information you disclose or transmit to the Services and cannot be responsible for the theft, destruction, or inadvertent disclosure of your information during transmission, for example, across the Internet.

7. Age Restrictions

Access to the Services is limited to U.S. residents age of 18 or over, and we do not knowingly collect, use, or disclose personal information from persons under the age of 18. If we are made aware we have collected personal information from a child under 13 years old in a manner that is inconsistent with the Children’s Online Privacy Protection Act, we will delete this information as soon as possible.

8. Changes To This Privacy Policy

We may amend this Privacy Policy at any time. Your continued use of the Services after any modification to the Privacy Policy will constitute your acceptance of the new terms. If we make any material changes we will notify you by email (sent to the e-mail address specified in your account) or by means of a notice on the Services prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices. IF YOU DO NOT AGREE TO FUTURE CHANGES TO THIS PRIVACY POLICY, YOU MUST STOP USING THE SERVICES, INCLUDING ANY PARTICIPATION IN THE CONTEST, AFTER THE EFFECTIVE DATE OF SUCH CHANGES.

9. Opt-out/Retention

You may receive promotional emails, newsletters, and similar communications from us. You may opt out of receiving commercial emails from us by clicking on the opt-out or “unsubscribe” link included in the commercial emails you receive or, if such functionality is enabled in the Services, by notifying us at [email protected]. Please note that opt-out requests may take some time to be effective. Your opt-out will not apply to messages that you specifically request or messages that are not commercial in nature. For example, we may contact you concerning any purchases you have made with us or communicate with you regarding a contest you have entered, even if you opt out of receiving unsolicited commercial email messages.

We will retain your information for as long as your account is active or as needed to provide you services. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

10. Your California Privacy Rights

California Civil Code Section 1798.83 permits California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to [email protected] with a subject of “505 Southwestern Food Truck Challenge App Privacy Policy” or write us at:

Attention: Legal Department

Nixon Peabody LLP, 300 South Grand Avenue, Suite 4100 | Los Angeles, CA 90071-3151

In some cases, third parties may be able to collect information about a user’s online activities over time and across different websites when he or she uses our Services.

Some web browsers may transmit “do-not-track” signals to the websites with which the user communicates. Because of differences in how web browsers incorporate and activate this feature, it is not always clear whether users intend for these signals to be transmitted, or whether they even are aware of them. Because there currently is no industry standard concerning what, if anything, websites should do when they receive such signals, we currently do not take action in response to these signals.

11. International Users

Please note that the Services are directed towards users who reside in the United States. By using the Services, you consent to the collection, storage, processing, and transfer of your information in and to the United States, or other countries and territories, pursuant to the laws of the United States.

12. Contact Us

If you have any questions about this Privacy Policy or the privacy practices of the Services, please contact us by [email protected] at with a subject of “505 Southwestern Food Truck Challenge Privacy Policy” or by regular mail at:

Attention: Legal Department

Nixon Peabody LLP, 300 South Grand Avenue, Suite 4100 | Los Angeles, CA 90071-3151