Arby's Privacy Code For Canada

This Privacy Code is effective as of January 21, 2009

This Privacy Code outlines Arby's Restaurant Group's Inc. ("Arby's") commitment to you and its commitment to comply with applicable Privacy legislation in Canada which incorporates the following ten (10) principles:

Principle No. 1 - Accountability

We are accountable for the personal information that we collect about you.

We will strive to implement these Principles and will communicate to our employees and other entities acting our behalf through our policies and procedures the need to protect your personal information and our requirements for management of your personal information, as reflected in these Principles

Our Chief Privacy Officer for Canada has ultimate responsibility for ensuring compliance with these Principles within the organization.

Principle No. 2 - Identifying Purpose

We will only collect personal information that is reasonably necessary for our business activities. For example, we will only collect personal information from customers when they volunteer their information in order to enter a contest or sweepstakes; to respond to a customer survey; to order gift certificates or gift cards; to participate in a customer loyalty program, or to make inquiries of us. Before we collect personal information from you, we will identify the purposes for collecting it.

Principle No. 3 - Obtaining Consent

We will always obtain your consent to the collection, use or disclosure of your personal information except in limited and specific circumstances, and a permitted by law. For example, we reserve the right to collect, use or disclose any information (i) in connection with enforcement of laws or contractual rights or when required by court order; (ii) in connection with an emergency involving a person's life, health or security, or (iii) when use or disclosure is for the benefit of the individual (such as a gift). We will strive to ensure that individuals understand how their personal information will be used or disclosed.

Except in the specific circumstances enumerated above, we will always provide you the opportunity to decline to give consent, or if previously given, to withdraw such consent.

Principle No. 4 - Limitations on Collection

We will only collect information that is reasonably necessary for the purposes identified to you. Personal information will be collected by fair and lawful means. For example, if you enter a contest, we need your name and other contact information so that we may contact you if necessary. We may require additional information to verify a winning entry.

Principle No. 5 - Limitations on Use, Disclosure and Retention

We will only use or disclose personal information for the purposes for which it was collected, except with your consent or as permitted or required by law. Your personal Information will only be retained for so long as is required or appropriate for such purposes. We will retain your personal information so long as it is necessary or relevant for the identified purpose or as required by law. We will destroy or make anonymous personal information that is no longer required for the identified purpose.

We may share personal information with our subsidiaries and affiliates and our franchisees. Any use of this information will comply with these guidelines. We do not sell, transfer or disclose personal information or knowingly permit our third party providers to do so. In the course of our business, we may contract with third party providers to perform a variety of functions, such as fulfilling orders, assisting with promotions or programs, providing technical, billing or other services, or enforcing or investigating transactions or business operations. These companies may have access to personal information as necessary to perform their duties. These companies are instructed to use such personal information for the purpose of performing their duties and for no other purpose.

We reserve the right to use or disclose personal information as necessary to comply with applicable laws, regulations or other legal requirements, to protect our legitimate business interests, to fulfill your requests, or to cooperate in any law enforcement investigation or investigation on a matter of public safety.

Principle No. 6 - Keeping Personal Information Accurate

We will keep personal information as accurately, completely, and as up-to-date as is reasonably necessary and possible for the purposes for which it is to be used. Since you are providing your personal information directly to us, we will take care to enter you information accurately, but we typically will not make any further effort to verify its accuracy or to update. For example, if you provide your telephone number to us, we will assume it is correct. We will update or correct any errors in personal information if you provide the particulars of any required updating or correction in a manner satisfactory to us.

Principle No. 7 - Security of Personal Information

We use appropriate security measures to protect against loss, theft, unauthorized access, disclosure, use or modification of personal information. We require that our employees keep all personal information confidential and comply with our information security standards. We also require that third parties to whom personal information may be disclosed provide a level of security for such information that meets our standards. We will use reasonable efforts to assure that the confidentiality of information is maintained when we dispose of or destroy business records.

Principle No. 8 - Information About Our Policies And Procedures

The information we will provide to you about our policies and procedures will include:
the name of the person who is responsible for our privacy policies and practices;
the name of the person to whom complaints or inquiries may be sent;
the means of gaining access to personal information held by us
a description of the type of personal information held by us and a general account of its use;
a reference to our web site(s) where further information regarding our policies and procedures may be obtained.

Principle No. 9 - Your Access to Information

We will advise you of the existence, use, and disclosure of your personal information on file with us and give you access to that information. In that regard, you must make a request in writing and deliver it Chief Privacy Officer for Canada at the following address:

Arby's of Canada Inc.
Chief Privacy Officer
7045 Edwards Blvd. Suite 304
Mississauga, ON L5S 1X2

We may need specific information about you to enable us to search for, and provide you, with the personal information we have about you. We will advise you whether or not we hold personal information about you and will disclose that information along with particulars with respect to its source, unless such disclosure is prohibited by law. We may charge you a nominal fee depending on the nature of your request. We will advise you of any cost prior to the retrieval of such records.

We will amend our records and, where appropriate, shall make reasonable commercial efforts to advise third parties respecting any amendments to reflect the accuracy and completeness of personal information held by us or disclosed to such third parties. If appropriate, we will advise a third party to whom information has been disclosed of any unresolved dispute regarding the accuracy or completeness of your personal information.

In certain circumstances, we may be unable to provide access to some or all of your information. Such circumstances include those in which the information cannot be separated from the records of others, cannot be disclosed for reasons of personal security or commercial confidentiality, or is protected by solicitor-client privilege. If we are unable to provide some of the personal information we hold about you and in that case we will let you know the reasons why.

We reserve the right not respond to requests for access to information we reasonably deem to be frivolous or vexatious.

Principle No. 10 - Questions or Concerns

If you have any question, concern or complaint regarding our compliance with these Principles, may contact Arby's Restaurants of Canada's Chief Privacy Officer at the following address:

Arby's of Canada Inc.
Chief Privacy Officer
7045 Edwards Blvd. Suite 304
Mississauga, ON L5S 1X2

We will investigate all complaints as expeditiously as possible and, if a complaint is found justified, we will use reasonable efforts to resolve the matter.