Bare Naked Kitchen (BNK) (“Bare Naked Kitchen” or the “Company”) values your privacy and we want you to understand what information we collect from you and how we handle it. In this Privacy Policy (“Policy”), we explain how we collect, use and disclose personal information relating to your BNK orders and your use of our “Services,” which includes our website, www.eatbarenaked.com (our “Websites”)and our other online services. If you have any questions, please feel free to contact us.

When you interact with us or use our Services, you agree that your personal information will be handled as described in this Policy. Your use of our Services, and any dispute over privacy, is subject to this Policy and our Terms and Conditions, available at www.papamurphys.com/terms-and-conditions, including its applicable limitations on damages and the resolution of disputes. BNK Terms of Use are incorporated by reference into this Policy. Use of the Olo Online Ordering and Paytronix are also governed by the separate user agreement.

OVERVIEW OF OUR COLLECTION AND USE OF PERSONAL INFORMATION

The following information summarizes the categories of personal information we collect and how we use it, which is further explained in our Privacy Policy below. While the actual information we collect and our use of such personal information varies depending upon the nature of our relationship and interactions, the information below provides a general overview of the categories of personal information we collect and the purposes for which we use such information. In some cases, such as where required by applicable laws, we will obtain your consent prior to collecting certain personal information.

Categories of Personal Information Collected

Name, contact information and other identifiers: identifiers such as a real name, alias, address, unique personal identifier, online identifier, rewards program identifier, IP address, email address, account name, or other similar identifiers.

Customer records as it pertains to employment opportunities: paper and electronic customer records containing personal information, such as name, address, telephone number, education, current employment, or employment history.

Internet or other electronic network activity information: including, but not limited to, browsing history, clickstream data, search history, and information regarding interaction with an internet website, application, or advertisement, including access logs and other usage data related to your use of any company websites, applications or other online services.

Geolocation data: precise location information about a particular individual or device.

Audio, video and other electronic data: audio, electronic, visual, thermal, olfactory, or similar information such as CCTV footage, photographs, and call recordings.

Employment history: professional or employment-related information.

Education information: education information that is not publicly available personally identifiable information as defined in the federal Family Educational Rights and Privacy Act (20 U.S.C. section 1232g, 34 C.F.R. Part 99).

Inferences and profiles: inferences drawn from information to create a profile reflecting a user’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, or aptitudes.

Use of Personal Information

To provide our Services

To personalize your experiences with us

For marketing and promotional purposes

To understand and improve our Services

To administer our loyalty program

To protect our legal rights and prevent misuse

For compliance with legal obligations

Related to our general business operations

INFORMATION WE COLLECT

We collect information from you through various sources: information that you provide to us directly; information that we collect automatically when you use our Services; and information that we collect from third parties (which often are our service providers, but also could be marketing partners, social networking sites, or other entities). We generally combine the information that we collect about you from these various sources.

Information We Collect Directly. We collect information directly from you, such as:

• Registration: If you register with us (such as through our Website), we collect information from you, such as your name, email, phone number, and a password and security question, as well as other relevant information you choose to provide, such as favorite store and items, birthday (MMDD), marketing preferences, billing and contact information and other demographic information.
• Orders and purchases: we maintain records of your orders and purchases, both online and in-store.
• Marketing programs: If you join our email, text or other marketing programs, we collect your email address, mobile number or other relevant contact information, your zip code, and any other information that you choose to provide to us.
• Orders and purchases: When you make a purchase or place an order with us (online or otherwise), we collect and maintain information about your order including items, instructions, name, contact information, payment card and other billing information (including payment card and billing address), coupons and offers redeemed.
• Surveys and other information: We also collect any information that you provide to us, including information that you submit in response to surveys, information requests from us, or other correspondence with us. We may provide you with the option of purchasing products through our App.

Information We Collect Automatically. We may automatically collect the following information about your use of our Website, App or other Services through cookies, web beacons, and other technologies, including technologies designed specifically for Apps: your domain name; your browser type and operating system; web pages you view; links you click; your IP address and general location information; the length of time you visit our Website, and the referring URL, or the webpage that led you to our Website.

Please see the section Cookies and Other Tracking Mechanisms below for more information.

Information We Collect from Third Parties. We also may collect information about you from third parties, including marketing and advertising agencies, third party partners, subsidiaries and affiliates, and franchisees. For example, if you make a purchase from us, we may work with third parties to send you offers, coupons and deals; these third parties may provide us with your contact information or we may work with them to send you these offers, coupons and deals on our behalf. We also may receive order information from franchisees.

OUR USE OF INFORMATION

We also may use your information, including your personal information, for the following purposes:

• To provide our Services: to operate our Website and other Services; to communicate with you about your use of our Website; to respond to your inquiries, questions and comments; to fulfill your orders; and for other customer service purposes.
• To personalize your experiences with us: to tailor the content and information that we may send or display to you, to offer location customization, and personalized help and instructions, and to otherwise personalize your experiences while using the Website. For example, if you grant us permission to see your location while you are using our website, we might direct you to the closest BNK to you.
• For marketing and promotional purposes: to send you news and newsletters, special offers, and promotions, or to otherwise contact you about products or information we think may interest you. We also may use the information that we learn about you to assist us in advertising our services on third party websites. We may use information such as your in-store transactional and purchase history, along with information we collect about you from third parties for marketing purposes.
• For public forums and social media purposes: to send you news, special offers, and promotions, or to otherwise connect with you about products or information we think may interest you. We also provide experiences through social media sites such as Facebook, Twitter, Instagram, Snapchat and other similar social sharing sites. Any and all information you share on these Social Media sites may be subject to re-sharing and is visible to any visitor to these sites. Refer to each social media site for their Terms of Use and Privacy Policies.
• To understand and improve our Services: to better understand how you use our Website and other Services, both on an aggregated and individualized basis. For example, if we know what features of our Website users like the most or the least, we can improve upon our Website. We also will use your information to respond to user preferences as well as for research and analytical purposes.
• To protect our legal rights and prevent misuse: to protect the Website and other online services and our business operations; to prevent and detect fraud, unauthorized activities and access, and other misuse; where we believe necessary to investigate, prevent or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety or legal rights of any person or third party, or violations of our Terms of Use or this Privacy Policy.
• For compliance with legal obligations: to comply with the law or legal proceedings. For example, we may disclose information in response to subpoenas, court order, and other lawful requests by regulators and law enforcement, including responding to national security or law enforcement disclosure requirements.
• Related to our general business operations: to consider and implement mergers, acquisitions, reorganizations, and other business transactions, and where necessary to the administration of our general business, accounting, recordkeeping and legal functions

HOW WE SHARE YOUR INFORMATION

We may share your information, including personal information, as follows:

• Affiliates and franchisees: We may disclose the information we collect from you to our affiliates, subsidiaries, and franchisees; however, if we do so, their use and disclosure of your personal information will be subject to this Policy.
• Service providers: We may disclose the information we collect from you to third party vendors, service providers, contractors or agents who perform functions on our behalf. For example, if you place an order through our Website, you may be directed to a third party service provider’s platform to collect and process payment information.
• Business transfers: If we are acquired by or merged with another company, if substantially all of our assets are transferred to another company, or as part of a bankruptcy proceeding, we may transfer the information we have collected about you to the other company.
• In response to legal process: We also may disclose the information we collect from you in order to comply with the law, a judicial proceeding, court order, or other legal process, such as in response to a court order or a subpoena.
• To protect us and others: We also may disclose the information we collect from you where we believe it is necessary to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person, violations of our Terms of Use or this Policy, or as evidence in litigation in which we are involved.

Aggregate and De-Identified Information. We may share aggregate or de-identified information about users with third parties for marketing, advertising, research or similar purposes.

OUR USE OF COOKIES AND OTHER TRACKING MECHANISMS

We and our third party service providers use cookies and other tracking mechanisms, including tracking technologies designed for mobile apps, to track information about your use of our Website. We may combine this information with other personal information we collect from you (and our third party service providers may do so on our behalf).

Cookies. We use a variety of technologies, including cookies, to collect information about your online/mobile activity when you visit our Site(s). Cookies are small text files that a website server stores on your computer or device. They’re typically used to remember your account login preferences, monitor website traffic, provide customer support like live chat and help us better customize our site for your individual preferences.

We may also use Flash® objects as part of our online authentication to help us recognize your computer when you come back to our site. We do not use Flash objects for any online behavioral advertising purpose.

You can disable cookies by making the appropriate selection from your browser options to inform you when cookies are set or to prevent cookies from being set. However, if you choose to disable or delete cookies, you may limit the functionality we can provide when you visit our site. Clear GIFs, pixel tags and other technologies. Clear GIFs are tiny graphics with a unique identifier, similar in function to cookies. In contrast to cookies, which are stored on your computer’s hard drive, clear GIFs are embedded invisibly on web pages. We may use clear GIFs (a.k.a. web beacons, web bugs or pixel tags), in connection with our Website to, among other things, help us manage content, and compile statistics about usage. We and our third party service providers also use clear GIFs in HTML emails to our customers, to help us track email response rates, identify when our emails are viewed, and track whether our emails are forwarded.

Do-Not-Track. Currently, our systems do not recognize browser “do-not-track” requests. You may, however, disable certain tracking as discussed in this section (e.g., by disabling cookies); you also may opt-out of targeted advertising by following the instructions at the Network Advertising Initiative and the Digital Advertising Alliance websites.

Third Party Analytics. We use automated devices and applications, such as Google Analytics, to evaluate use of our Website and, to the extent permitted, our App. We also may use other analytic means to evaluate our services. We use these tools to help us improve our services, performance and user experiences. These entities may use cookies and other tracking technologies to perform their services.

TARGETED ADVERTISING AND AD NETWORKS

We may send users targeted ads, including in-App ads and banner ads. In order to do so, we may also work with third party ad networks, analytics companies, channel partners, measurement services and others (“third party ad companies”) to manage our advertising on our Website and App and on third party sites, mobile apps and online services. We and these third party ad companies may use cookies, pixels tags, and other tools to collect your IP address, device ID, cookie and advertising IDs, and other identifiers and general location information, as well as information about your use of our Services (and third party sites and services), and, with your consent, your device’s geolocation information. We and these third party ad companies may use this information to provide you more relevant ads and content and to evaluate the success of our ad campaigns.

You can disable cookies by making the appropriate selection from your browser options to inform you when cookies are set or to prevent cookies from being set. However, if you choose to disable or delete cookies, you may limit the functionality we can provide when you visit our site. You may also opt-out of many third party ad networks and obtain more information about targeting advertising through one of the following links:

• www.networkadvertising.org/choices/
• www.aboutads.info/choices/

Opting out of one or more ad networks only means that those networks no longer will deliver targeted content or ads to you, but it does not mean you will no longer receive any targeted content or ads on our Website or other web sites. You may continue to receive advertisements, for example, based on the particular website that you are viewing. Also, if your browsers are configured to reject cookies when you visit this opt-out page, or you subsequently erase your cookies, use a different computer or change web browsers, your opt-out may no longer be effective.

Custom Audiences and Matching. We may disclose certain information (such as your email address) with third parties so that we can better target ads and content to our users, and others with similar interests on these third parties’ platforms or networks (“Custom Audiences”).

THIRD PARTY LINKS

We may provide links on our Website to third party websites. Any access to and use of such linked websites is not governed by this Policy, but instead is governed by the privacy policies of those third party websites. We are not responsible for the information practices of such third party websites.

SECURITY OF MY PERSONAL INFORMATION

We have implemented safeguards to protect the information we collect from loss, misuse, and unauthorized access, disclosure, alteration, and destruction. Please be aware that despite our best efforts, no data security measures can guarantee 100% security.

You should take steps to protect against unauthorized access to your password, phone, mobile device, and computer by, among other things, signing off after using a shared computer, choosing a robust password that nobody else knows or can easily guess, and keeping your log-in and password private. We are not responsible for any lost, stolen, or compromised passwords or for any activity on your account via unauthorized password activity.

ACCESS TO MY PERSONAL INFORMATION

You may modify certain personal information that you have submitted by logging into your account and updating your profile information. Please note that copies of information that you have updated, modified or deleted may remain viewable in cached and archived pages of the Website for a period of time.

YOUR CHOICES

We may send periodic promotional emails to you. You may opt-out of such communications by following the opt-out instructions contained in the email. If you opt-out of receiving marketing or promotional emails, we may still send you emails about your account or any Services you have requested or received from us.

CHILDREN UNDER 13

Our services are not designed for children under 13. If we discover that a child under 13 has provided us with personal information, we will delete such information from our systems.