FREQUENTLY ASKED QUESTIONS

Effective Date: 7/6/26

A printable version of this Privacy Policy is available to download here.

This Privacy Policy (“Policy”) is designed to help you understand the types of personal information we at Silver Diner Development LLC (“Silver Diner”, “we”, “us”, or “our”) collect, how we use it, when it may be disclosed, and the rights and choices you have with respect to your personal information. It also explains how we communicate with you and how you can make requests or submit inquiries to us about your personal information. We appreciate you taking the time to read this Policy and understand our data and privacy related practices.

This Policy applies to all personal information that we collect during any written, electronic, and oral communications online or offline when you:

• interact with our websites located at https://silverdiner.com, and any other websites, pages, features or content we own or operate (collectively, the “Site(s)”);

• use our mobile applications branded as “Diner Perks” (the “App(s)”);

• visit one of our restaurants (the “Restaurant(s)”); or

• otherwise interact with our Sites, products or services that direct you to this Policy (collectively, the “Service(s)”).

By continuing to use our Services, you acknowledge this Privacy Policy and agree to our Terms and Conditions (“Terms”).  If you are not comfortable with any part of this Policy or do not agree with the Terms, please immediately discontinue access or use of our Services.

We may make changes to this Policy from time to time. We will notify you of any material changes to this Policy and will update the “Effective Date” at the beginning of this Policy. We encourage you to look for updates and changes to this Policy when you access our Services.

We may also provide “just-in-time” disclosure or additional information about our information collection, use, and sharing practices of specific Services. These notices may supplement or clarify our privacy practices or provide you with additional choices about how we process your personal information.

1. PERSONAL INFORMATION WE COLLECT

Silver Diner collects certain personal information about you and your use of our Services. Personal information is typically data that directly or indirectly identifies an individual. The definition of personal information depends on applicable law. Only the definition that applies to your physical location will apply to you under this Policy. The personal information that we collect depends on your interactions with us, and the choices you make.

Information You Voluntarily Provide to Us. We, or service providers that assist us in providing, maintaining, and operating our Services, may collect the following types of personal information from you:

1. Account Registration. We may collect information relating to the creation of an account, such as, your first and last name, address, postal code, email address, phone number, date of birth, preferred store and/or a unique individual password. When family members are added to the account, the accountholder provides their information, such as their first and last name and date of birth.

2. Order Placement. We may collect your personal information when you place an order in our Restaurants, on our Sites or in our App, including, for example, your first and last name, delivery address, postal code, email address, and/or phone number.

3. Make Reservation. We may collect guest information, such as your first and last name, email address, phone number, and any note you would like to leave the restaurant when you make a reservation at one of our restaurants online.

4. Payment Information. When you place orders, purchase, send or reload gift cards, we may collect your name, payment card information, shipping and billing addresses, and phone numbers.

5. Customer Support. When you engage with our support team, we may collect certain information including copies of your correspondence (including email addresses and phone numbers), social media handles, or additional information you choose to share with us.

6. Notifications. You may choose to receive information about Silver Diner’s news, events and offers via email address, phone number (for SMS), and/or push notifications (for APPs).

7. Promotional Events. From time to time, we may offer you an opportunity to participate in promotions, programs and/or sweepstakes (collectively, “Promotions”). If you choose to participate in a Promotion, we will collect and store the personal information you provide in connection with your participation in the Promotion, which may include, your name, email address, and/or phone number. We may provide “just-in-time” disclosure or additional information about our information collection, use and sharing practices of specific Promotions.

8. Feedback. We may collect your name, email, phone number, locations and dates that you visited our restaurants and other information you would like to share with us in the feedback form. If you provide contact information, we may contact you to clarify your comment or question, or to learn about your level of interest in, or satisfaction with our Services.

9. Rewards Program. When you sign up to participate in our Rewards Program online or offline to earn points and rewards, we may collect your name, email address, birthday, and phone number, dietary preferences, and purchase history including gift cards.

10. Career Information. When you apply to join our team, we may collect your first and last name, email address, phone number, home address, start date, and any employment-related information contained in your resume/CV.

11. Sensitive Personal Information: We may collect health information (e.g., food allergies) or religious information in connection with your dietary preferences. We may also collect your precise geolocation information (e.g., GPS data) to help you find the closest restaurant.

Information We Automatically Collect. To the extent permitted under the applicable law, we may collect certain types of information automatically, such as when you interact with the Sites or use the Services. We may collect the following types of information automatically from you:

1. Usage Data. When you browse our Sites, we automatically collect log data such as your web request, Internet Protocol (“IP”) address, browser type, domain names, referring and exit pages and URLs, pages viewed and the order of these page views, the date and time you access our servers, and other diagnostic data.

2. Device Information. When you use your desktop or mobile devices to access our Services, we may be able to identify your device’s unique device identifier, MAC address, operating system, and your mobile device’s advertising ID.

3. Location Information. When you use our Service, we may infer the generic physical location and geographic regions of your device from your Wi-Fi, Bluetooth and other device settings. For example, your IP address may indicate your general geographic region. Upon your permission, we may collect your mobile device’s precise geo-location information to find the closest restaurants near you. You may choose not to share your location details with us by adjusting your mobile or desktop device’s location services settings. For instructions on changing the relevant settings, please contact your service provider or device manufacturer.

Information From Third Parties. From time to time, we may obtain information about you from third-party sources.

1. Social Media Platforms and Networks. If you interact with us on social media or use features, such as plugins, widgets, or other tools made available by social media platforms or networks (including Instagram, Facebook, Meta, Twitter, Google, and You Tube) in connection with our website or Apps, we collect information that you share with us, or that the social media platforms share with us. For more information about the privacy practices of those social media platforms, please review the privacy policies and settings of the social media platforms and networks that you use.

2. From Other Sources. We may obtain information about you from other sources, such as data analytics providers, marketing or advertising service providers, fraud prevention service providers, vendors that provide services on our behalf, or publicly available sources.

2. HOW WE USE YOUR PERSONAL INFORMATION

We use your personal information as described in this Policy for business and commercial purposes, or as disclosed to you prior to such processing taking place. We may process your personal information:

1. To Provide Services. We will use your personal information to provide information or perform Services that you request, including managing your request to register an account, make a reservation, place an order, purchase a gift card, or join the Diner Perks Rewards program. For example, when you place an order with us, we require your address to deliver your order, and we require payment information to process your order. We will not be able to provide you with Service without such information. Third parties such as payment processing companies and courier services may also access and/or collect your personal information when assisting us to fulfill your order.

2. To Provide You with Service-Related Communications. We will send you administrative or account-related information to keep you updated about your account and the Services. Such communications may include information about Privacy Policy updates, confirmations of your orders or reservations, security updates, or other relevant transaction-related information. Service-related communications are not promotional in nature. You are not able to unsubscribe from such communications, otherwise, you may miss important developments relating to your account or the Services.

3. To Maintain Legal and Regulatory Compliance. Our Services are subject to certain laws and regulations which may require us to process your personal information. For example, we process your personal information to pay our taxes, to fulfill our business obligations, and ensure compliance with employment and recruitment laws or as necessary to manage risk as required under applicable law. Without processing your personal information for such purposes, we cannot perform the Services in accordance with our legal and regulatory requirements.

4. To Enforce Compliance with Our Terms, Agreements, and Policies. When you access or use our Services, you are bound to our Terms. To ensure you comply with them, we process your personal information by actively monitoring, investigating, preventing, and mitigating any alleged or actual prohibited, illicit or illegal activities on our Services. Subject to the applicable law, we may also process your personal information to investigate, prevent or mitigate violations of our internal terms, agreements, or policies and enforce our agreements with third parties and business partners.

5. To Detect and Prevent Fraud and Security Risks. We may process your personal information to help monitor, prevent and detect fraud and abusive use of our Service, monitor and verify your identity so that unauthorized users do not gain access to your information, enhance system security, and combat spam, malware, malicious activities or other security risks that might result in financial loss.

6. To Provide Customer Support or Respond to You. We collect any information that you provide to us when you contact us. Without your personal information, we cannot respond to you or ensure your continued use and enjoyment of the Services.

7. To Provide Marketing Communication. We may collect your email address, phone number, or other electronic addresses that you voluntarily provide to us when you choose to participate in our promoting activities or subscribe for marketing communications. When you no longer wish to receive these marketing messages from us, you can opt-out at any time by unsubscribing or following the instructions contained within such messages.

8. To Research and Develop Our Services. We may process your personal information and derive analytical and statistical data to better understand the way you use and interact with our Services to help us improve our existing Services and to build new Services. Please see our Cookies and Similar Tracking Technologies section for more information.

9. To Personalize Your Experience. We may process your information to personalize your experience. By personalization, we enable you to more easily interact with our Services across platforms and devices. Please see our Cookies and Similar Tracking Technologies section for more information.

10. To Facilitate Corporate Acquisitions, Mergers, and Transactions. We may process any information regarding your account and your use of our Services as is necessary in the context of corporate acquisitions, mergers, or other corporate transactions.

11. With Your Consent. For any other purpose disclosed to you prior to you providing us your personal information or which is reasonably necessary to provide the services or other related services requested, with your permission or upon your direction.

12. “Sale” of Personal Information: We do not sell your personal information for profit, but like many websites, we use cookies and similar technologies within our Services, and we disclose personal information, such as your IP address or device identifiers, to certain third-party advertisers in order to improve your user experience and to optimize our marketing activities. These activities may be considered a “sale” of your personal information under certain U.S. privacy laws.  

13. De-Identified and Aggregated Information: We may use and share de-identified or aggregated information for any lawful purpose. Where we maintain de-identified information, we take reasonable measures to ensure that the information cannot be associated with an individual, maintain the information in de-identified form, prohibit recipients contractually from attempting re-identification, and otherwise comply with applicable law. 

3. HOW WE DISCLOSE YOUR PERSONAL INFORMATION

We disclose your personal information as needed to fulfill the purposes described in this Policy and as permitted by applicable law. We may disclose your personal information as described below.

1. With Our Service Providers. We may disclose your personal information with third-party service providers acting on our behalf to help us operate our Services. Service providers and vendors provide us with support services such as order management, credit card processing, website hosting, reservation management, feedback management, analytics services, surveys and research services, and network maintenance.

2. Within Our Corporate Organization. We may disclose your personal information within our organization to provide you with the Services and take actions based on your request, such as our parent company, subsidiaries, or other companies under common control with us.

3. During Business Transaction or Other Asset Transfers. We may disclose and transfer information about you to buyers, service providers, advisors, potential transactional partners, or other third parties in connection with the advisors, potential transactional partners, or other third parties of a corporate transaction in which we are acquired by or merged with another company, or we sell, liquidate, or transfer all or a portion of our business or assets. By engaging with us or using our Services, you understand and agree to our assignment or transfer of rights to your personal information.

4. For Legal Compliance & Safety. We may access, preserve, and disclose information about you if we believe doing so is required or appropriate to (a) comply with law enforcement requests and legal processes, such as a court order or subpoena; (b) comply with requests from auditors, examiners or other regulators; (c) exercise, establish or defend our legal rights; or (d) protect your, our, or others’ rights, property or safety.

5. With Our Business Partners. Subject to applicable law, we may disclose your personal information to our business partners, such as, for permitted marketing purposes, or for co-sponsored events based on your voluntary participation.

6. With Your Consent. We may share your personal information with other companies if you give us permission or direct us to share your information.

4. COOKIES AND SIMILAR TRACKING TECHNOLOGIES

We and third parties on our behalf may use cookies, Software Development Kits, web beacons, pixels, or similar tracking technologies (collectively, “Tracking Technologies”) to collect information automatically as you interact with our Services, to help us customize your experience and optimize our user experience, including to:

• Analyze our web traffic using an analytics package

• Identify whether you already visited our Services

• Store information about your preferences

• Recognize you when you return to our Services

Analytics. We may use third-party service providers to monitor and analyze the use of our website, such as Google Analytics.  Google Analytics is a web analytics service offered by Google LLC (“Google”) that tracks and reports website traffic. For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: https://policies.google.com/privacy?hl=en. Google Analytics Opt-out Browser Add-on provides visitors with the ability to prevent their data from being collected and used by Google Analytics, available at: https://tools.google.com/dlpage/gaoptout.

Interest-Based Advertising. Many advertising companies that collect information for interest-based advertising are members of the Digital Advertising Alliance (DAA) or the Network Advertising Initiative (NAI), both of which maintain websites where people can opt-out of interest-based advertising from their members. To opt-out of website interest-based advertising provided by each organization’s respective participating companies, visit the DAA’s opt-out portal, or visit the NAI’s opt-out portal.

Managing Cookies and Similar Tracking Technologies. You have the right to decide whether to accept optional cookies[AFS 10] . If you do not want us to deploy optional cookies in your browser, you may exercise your preference by modifying your web browser setting to either (1) refuse some or all cookies or (2) notify you and ask for your permission when a website tries to set a cookie. If you want to learn the correct way to modify your browser settings, please use the “Help,” “Tools” or “Edit” menu in your browser or review the instructions provided by the following browsers: Internet Explorer, Google Chrome,Mozilla Firefox, Safari Desktop, Safari Mobile; and Android browser. If you choose to disable cookies in your browser, you can still use the Services, although your ability to use some of the features may be affected. If you want to exercise your rights regarding personal information collected via cookies and similar tracking technologies, please see the “Your Rights and Choices” section below.

5. HOW WE PROTECT YOUR PERSONAL INFORMATION

We follow generally accepted standards to protect the personal information submitted to us, both during transmission and once it is received. We maintain our Services and all associated information with technical, administrative, and physical safeguards to protect against the loss, unauthorized access, destruction, misuse, modification and improper disclosure of your personal information. Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. We cannot guarantee the security of our databases or the databases of the third parties with which we may share such information, nor can we guarantee that the information you supply will not be intercepted while being transmitted over the internet. If you feel that the security of any account you might have with us has been compromised, please reach out immediately via the method listed in the “Contact Us” section below.

6. RETENTION OF YOUR PERSONAL INFORMATION

We will retain and use your personal information to the extent necessary to comply with our legal obligations, resolve disputes and enforce our legal agreements and policies. We will cease to retain your personal information or remove the means by which the information can be associated with you as soon as it is reasonable to assume that such retention no longer serves the purpose for which the personal information was collected and is no longer necessary for legal or business purposes.

If you wish to cancel your account or request that we no longer use your information to provide you services, please contact us via the method listed in the “Contact Us” section below. Please note that we may still retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

7. YOUR CHOICES

Marketing Communications. When you no longer wish to receive these marketing emails from us, you can unsubscribe at any time by following the instructions contained within such messages or emailing us at communityrelations@silverdiner.com.

Browser Signals. The “Do Not Track” (“DNT”) privacy preference is an option that may be made in some web browsers. At this time, not all browsers support DNT. We honor opt-out preference signals, such as the Global Privacy Control (“GPC”), as another way to opt out of the “sale” of your personal information or its “sharing” for targeted advertising purposes. More information on the GPC is available here. Please note that your choice to opt out using these signals is specific to your device or browser and you will need to manage your preferences for each device or browser you use.

SMS/Text Messaging. We may offer an SMS messaging program. For purposes of this program, no mobile information will be shared with third parties or their affiliates for marketing or promotional purposes. All other categories of personal information shared with third parties and their affiliates exclude text messaging originator opt-in data and consent. This information will not be shared with any third parties or their affiliates, excluding aggregators and providers of text message services. At any time, you may opt out of receiving particular text messages from us by texting STOP in response to any text message. 

Your Privacy Rights. Depending on applicable law where you reside or are located, you may be able to assert certain rights identified below with respect to your personal information. If any of the rights listed below are not provided to you under the law that governs the processing of your personal information, we have absolute discretion in providing you with those rights. Please refer to the “What Rights Apply” section to determine the rights you have in the jurisdiction you reside.

Please note, your rights in relation to your personal information are not absolute. Depending upon the applicable law, access to your rights under the applicable law may be denied: (i) when denial of the request is required or authorized by law; (ii) when granting the request would have a negative impact on another’s privacy; (iii) to protect our rights and properties; (iv) where the request is frivolous or vexatious, or for other reasons.

a. Right to Access. You may have the right to obtain a copy of the personal information that we hold about you, as well as other supplementary information, such as the purposes of processing, and the entities to whom we disclose your personal information.

b. Right to Correct. You may have the right to correct any of your personal information in our files.

c. Right to Delete. Under certain circumstances, you may have the right to the erasure of the personal information that we hold about you. This right is not absolute, and we may refuse your right to erasure if it is reasonably necessary for us to provide a service requested by you; to perform a contract between us; to maintain functionality and ensure security of our systems; to enable solely expected internal uses of your personal information; to exercise a right provided by law; to comply with a legal obligation; or if there are compelling legitimate grounds for keeping your personal information.

d. Right to Portability. Under certain circumstances, you may have the right to receive personal information we hold about you in a structured, commonly used, and machine-readable format so that you can provide that personal information to another controller.

e. Right Against Discrimination. You have the right not to be discriminated against for exercising any of the rights described in this section. We will not discriminate against you for exercising your privacy rights.

f. Right to Object to Automated Decision-Making. We do not make any decisions based on algorithms or other automated processing that significantly affect you.

g. Right to Appeal. You may have the right to appeal if we refuse to take action on your rights request. Instructions on how to appeal will be provided to you upon such a denial, but in any event, such instructions will be substantially similar to those provided below for submitting requests.

h. Right to Opt-Out of Targeted Advertising. You may have the right to control the disclosure of your personal information to our third-party analytics and advertising providers.

i. Right to Limit the Use of Sensitive Personal Information. California residents have the right to limit the use of sensitive personal information. Silver Diner does not collect any sensitive personal information, as defined by applicable California law.

What Rights Apply. To determine which rights you may have, please refer to the table below that references the rights as described above.  U.S. States not listed either do not have a law providing such rights, or it does not apply to our operations.

Jurisdiction & Applicable Rights

Delaware Residents:(a) Right to Know/Access; (b) Right to Correct/Rectification; (c) Right to Delete/Erasure; (d) Right to Portability; (f) Right to Opt-Out of Automated Decision-making or Profiling; (g) Right to Appeal; (h) Right to Opt-Out of Sale; and (i) Right to Opt-Out of Targeted Advertising

Maryland Residents: (a) Right to Know/Access; (b) Right to Correct/Rectification; (c) Right to Delete/Erasure; (d) Right to Portability; (f) Right to Opt-Out of Automated Decision-making or Profiling; (g) Right to Appeal; (h) Right to Opt-Out of Sale; (i) Right to Opt-Out of Targeted Advertising; and (j) Right to Obtain a List of Third Parties to which your Personal Information is disclosed

New Jersey: (a) Right to Know/Access; (b) Right to Correct/Rectification; (c) Right to Delete/Erasure; (d) Right to Portability; (f) Right to Opt-Out of Automated Decision-making or Profiling; (g) Right to Appeal; (h) Right to Opt-Out of Sale; and (i) Right to Opt-Out of Targeted Advertising

Virginia Residents:(a) Right to Know/Access; (b) Right to Correct/Rectification; (c) Right to Delete/Erasure; (d) Right to Portability; (f) Right to Opt-Out of Automated Decision-making or Profiling; (g) Right to Appeal; (h) Right to Opt-Out of Sale; and (i) Right to Opt-Out of Targeted Advertising

Submitting a Request to Exercise Your Rights.  In addition to the methods specified above, you may exercise these rights by emailing us at communityrelations@silverdiner.com with the subject line “Consumer Rights Request”.  In your request, please make clear which right you would like to exercise. We will respond to your privacy rights request within the time period required by applicable law. Where permitted by law, we may extend the response period when reasonably necessary, taking into account the complexity and number of requests. If we extend the response period, we will notify you within the initial response period and explain the reason for the extension.

Before fulfilling your request, we are required by law to have you to verify the personal information we already have on file to confirm your identity. If we cannot verify your identity based on the information we have on file, we may request additional information from you, which we will only use to verify your identity, and for security or fraud-prevention purposes.

You may use an authorized agent to submit a rights request on your behalf.  If you use an authorized agent to submit requests on your behalf, we will require you to directly verify your identity with us, or have you directly confirm with us that the authorized agent has been authorized to act on your behalf.

We may charge a reasonable administrative fee or decline to act on any requests that we have determined to be unfounded, excessive, or repetitive. If we deny a request you submit (in whole or in part), we will provide you with a detailed explanation of the basis for the denial.  You may appeal our decision by contacting us at  communityrelations@silverdiner.com. Please include: (a) your original request, (b) the denial response, and (c) the reasons you believe the denial was in error. We will respond to your appeal within the time period required by applicable law.

8. CHILDREN’S INFORMATION

Our Services do not intend to collect any personal information from children under the age of 13 or minors under the age of 18 without verifiable parental consent. If we learn that such a child or minor has provided us with personal information, we will immediately delete it. If you learn that such a child or minor has provided us with personal information, the parent or guardian, or minor where applicable, should contact us as described above and we will immediately delete it.

9. THIRD-PARTY WEBSITES

Our Services may contain links to other websites, products, or services that we do not own and are not operated by us. If you click a third-party link, you will be directed to that third party’s site. We strongly advise you to review the privacy policy of every site you visit before providing any information to them.

We have no control over and assume no responsibility for the content, privacy policies or practices of any third-party sites or services, and this Policy does not apply to your activities on these third-party services or any information you disclose to these third parties. If you have any questions about how these other sites or services use information from or about you, you should contact them directly.

10. INTERNATIONAL USERS

Silver Diner’s business operates in the United States. Our Services are not intended for international users. Thus, when you access and submit personal information to Silver Diner, your personal information may be processed, maintained, and used on computers, servers, and systems located in the United States, where privacy and data protection laws may be less stringent than the laws in your country of residence. By providing information to us through our Services, you authorize us to transfer, store, and process your information in the United States and in accordance with this Policy.

If you do not want your information transferred to, processed, or maintained outside of the country or jurisdiction where you are located, you should immediately stop accessing or using the Services.

11. BLOGS, FORUMS, AND PUBLIC POTING AREAS

Please note that any information you include in a message you post to any blog, forum, or other public posting area is available to anyone with Internet access. If you do not want people to know your email address, for example, do not include it in any message you post publicly. PLEASE BE EXTREMELY CAREFUL WHEN DISCLOSING ANY INFORMATION IN PUBLIC POSTING AREAS. WE ARE NOT RESPONSIBLE FOR THE USE BY OTHERS OF THE INFORMATION THAT YOU DISCLOSE IN PUBLIC POSTING AREAS.

12. DISCLAIMER REGARDING VIDEO CONTENT

Our Services may contain video content, audiovisual content, or content of a like nature (collectively, “Video Content”). In connection with our provision of Video Content, our Services may utilize online tracking technologies and code-based tools, including, but not limited to, Software Development Kits (“SDKs”), pixels, and advertising and analytics cookies (collectively, “cookies”) that track information about your activity and webpage-viewing history on the website. Cookies on or used by the Services may result in information about your activity on our Services being transmitted from your browser to us and third parties, which, in turn, may result in the display of targeted advertisements on third-party websites, platforms, and services, including advertisements for our content. In addition, whether cookies on the Services result in your browser’s transmission of information to third parties depends on a number of factors that may be outside of our knowledge or control, including what third-party services you use, what personal information you have provided to such third parties, and whether (and the extent to which) you have limited the use of cookies by the operators of those third-party websites, platforms, and services.

13. CONTACT US

We welcome questions, comments, and concerns about our privacy policy and privacy practices. If you wish to provide feedback or if you have questions or concerns or wish to exercise your rights related to your personal information, send us an email at communityrelations@silverdiner.com, or reach out to our guest relations 866-561-0518.