READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THE WEBSITE OR SOFTWARE. USING THE WEBSITE OR SOFTWARE INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, DO NOT USE THE WEBSITE.

Pancheros (“we” or “us” or “our”) respects the privacy of our users (“user” or “you”). This Privacy Policy explains how we collect, use, disclose, and safeguard your information when you use our pancheros.com and pancheros.com websites (“Website”) on its own and in combination with our Burritos with Benefits® mobile application (“Software”). Please read this Privacy Policy carefully. IF YOU DO NOT AGREE WITH THE TERMS OF THIS PRIVACY POLICY, PLEASE DO NOT ACCESS THE WEBSITE OR USE THE SOFTWARE.

We reserve the right to make changes to this Privacy Policy at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of this Privacy Policy. You are encouraged to periodically review this Privacy Policy to stay informed of updates. You will be deemed to have been made aware of, will be subject to, and will be deemed to have accepted the changes in any revised Privacy Policy by your continued use of the Website after the date such revised Privacy Policy is posted.

This Privacy Policy does not apply to the third-party online/mobile store from which you access the Website or make payments, which may also collect and use data about you. We are not responsible for any of the data collected by any such third party.

1. Collection of information. We may collect information about you in a variety of ways. The information we may collect via the Website depends on the content and materials you use, and includes:

• 1.1. Personal Information. Demographic and other personally identifiable information (such as your name, physical address, and email address) that you voluntarily give to us, such as part of creating a user account on the Website or Software or when making purchases of products or services from us.
• 1.2. Mobile Device Data. Device information such as your Apple ID, Google ID, mobile device ID number, model, and manufacturer, version of your operating system, phone number, country, location, and any other data you choose to provide.
• 1.3. Geo-Location Information. We may request access or permission to and track location-based information from your mobile device, either continuously or while you are using the Website, to provide location-based services, including IP Address, GPS coordinates, and Wi-Fi network information. If you wish to change our access or permissions, you may do so in your device’s settings but be aware that such action could affect the availability and functionality of the Website.
• 1.4. Mobile Device Access. We may request access or permission to certain features from your mobile device, including your mobile device’s camera, microphone, sensors, and other features. If you wish to change our access or permissions, you may do so in your device’s settings but be aware that such action could affect the availability and functionality of the Website or Software.

2. Use of Your Information. Having accurate information about you permits us to provide you with a smooth, efficient, and customized experience. Specifically, you consent that we may use the information collected about you and from you via the Website or the Software to:

• 2.1. Provide you with products or services that you have purchased.
• 2.2. Aggregate anonymized data with other users of the Website or the Software for any of the listed purposes.
• 2.3. Assist law enforcement and respond to subpoenas.
• 2.4. Compile anonymous statistical data and analysis for use internally or with third parties.
• 2.5. Conduct data analytics on the collected data.
• 2.6. Create and manage your account.
• 2.7. Email you regarding your account or purchases.
• 2.8. Generate a personal profile about you to make future visits to the Website more personalized.
• 2.9. Increase the efficiency and operation of the Website or the Software.
• 2.10. Notify you of updates to the Website or the Software.
• 2.11. Perform other business activities as needed.
• 2.12. Prevent fraudulent transactions, monitor against theft, and protect against criminal activity.
• 2.13. Request feedback and contact you about your use of the Website or the Software.
• 2.14. Resolve disputes and troubleshoot problems.
• 2.15. Use the collected data to train machine learning algorithms.

3. Disclosure of Your Information. We may share information we have collected about you in certain situations. Your information may be disclosed as follows:

• 3.1. By Law or to Protect Rights. If we believe the release of information about you is necessary to respond to legal process, to investigate or remedy potential violations of our policies, or to protect the rights, property, and safety of others, we may share your information as permitted or required by any applicable law, rule, or regulation. This includes exchanging information with other entities for fraud protection and credit risk reduction.
• 3.2. Third-Party Service Providers. We may share your information with third parties that perform services for us or on our behalf, including franchisees, payment processing, product fulfillment, data analysis, email delivery, hosting services, customer service, and marketing assistance.
• 3.3. Sale or Bankruptcy. If we reorganize or sell all or a portion of our assets, undergo a merger, or are acquired by another entity, we may transfer your information to the successor entity. If we go out of business or enter bankruptcy, your information would be an asset transferred or acquired by a third party. You acknowledge that such transfers may occur and that the transferee may decline honor commitments we made in this Privacy Policy.

4. Tracking Technologies. Cookies and Web Beacons. We may use cookies, web beacons, tracking pixels, and other tracking technologies on the Website to help customize the Website and improve your experience. When you access the Website, your personal information is not collected through the use of tracking technology. Most browsers are set to accept cookies by default. You can remove or reject cookies, but be aware that such action could affect the availability and functionality of the Website. You may not decline web beacons. However, they can be rendered ineffective by declining all cookies or by modifying your web browser’s settings to notify you each time a cookie is tendered, permitting you to accept or decline cookies on an individual basis.

5. Third-Party Websites and Applications. The Website and Software may contain links to third-party websites and applications of interest, external services, that are not affiliated with us. Once you have used these links to leave the Website or Software, any information you provide to these third parties is not covered by this Privacy Policy, and we cannot guarantee the safety and privacy of your information. Before visiting and providing any information to any third-party websites or applications, you should inform yourself of the privacy policies and practices (if any) of the third party responsible for that website or application, and should take those steps necessary to, in your discretion, protect the privacy of your information. We are not responsible for the content or privacy and security practices and policies of any third parties, including other sites, services or applications that may be linked to or from the Website or Software.

6. Security of Your Information. We use administrative, technical, and physical security measures to help protect your personal information. While we have taken reasonable steps to secure the personal information you provide to us, please be aware that despite our efforts, no security measures are perfect or impenetrable, and no method of data transmission can be guaranteed against any interception or other type of misuse. Any information disclosed online is vulnerable to interception and misuse by unauthorized parties. Therefore, we cannot guarantee complete security if you provide personal information.

7. Financial and Children’s Information. We do not knowingly collect financial information. We do not have access to financial information that you provide to third party payment processors. If you become aware of any financial information that we have collected, please contact us using the contact information provided below. We do not knowingly solicit information from or market to children under the age of 13. If you become aware of any data we have collected from children under age 13, please contact us using the contact information provided below.

8. Options Regarding Your Information.

• 8.1. Account Information. You may at any time review or change the information in your account or terminate your account by: Logging into your account settings and updating your account, or contacting us using the contact information provided below. Upon your request to terminate your account, we will deactivate or delete your account and information from our active databases. However, some information may be retained in our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce any End User License Agreement, or comply with legal requirements.
• 8.2. Emails and Communications. If you no longer wish to receive correspondence, emails, or other communications from us, you may opt-out by: Noting your preferences at the time you register your account with the Website or Software, logging into your account settings and updating your preferences, or contacting us using the contact information provided below. If you no longer wish to receive correspondence, emails, or other communications from third parties, you are responsible for contacting the third party directly.

9. Compliance with Data Privacy Laws. We are in compliance with all applicable state and federal data privacy laws and regulations. To ensure compliance with laws and regulations, we have in place, comply with, and take appropriate steps reasonably designed to ensure compliance in all material respects with their policies and procedures relating to data privacy and the collection, storage, use, disclosure, handling, and analysis of information collected from you.

10. Governing Law. All disputes, including litigation, concerning this Privacy Policy shall be governed by the laws of the State of Iowa. All litigation concerning this Privacy Policy shall occur in the state and federal courts responsible for Linn County, IA, you consent to the personal jurisdiction of these courts, and agree that these courts are the proper venue for such litigation.

11. Contact Us. If you have questions or comments about this Privacy Policy, please contact us at: comments@pancheros.com or 319-318-6800.

Last updated: October 1, 2023.