In consideration of Wilkinson Development (together with its affiliates, “Fat Dogs”) allowing you to use Fat Dogs Online Properties (defined below) and the services provided by and related to the Online Properties, you agree to be bound by the terms and conditions of this Terms of Use Agreement, which incorporates Fat Dogs Privacy Policy, (collectively, the “Agreement”).

In some instances, both this Agreement and separate terms will apply to your use of the Online Properties (“Additional Terms”). To the extent there is a conflict between this Agreement and any Additional Terms, the Additional Terms will control unless they expressly state otherwise.

Your use of the Online Properties constitutes your acceptance of this Agreement. You acknowledge and agree that your use of the Online Properties has the same effect as manually signing this agreement with Fat Dogs and creates a valid, binding contract between you and Fat Dogs. If you do not agree to the terms of this Agreement, proceed no further, do not obtain services through the Online Properties, do not access any of the Online Properties, and do not download the mobile app.

Online Properties Defined and Use

The “Online Properties” shall mean Fat Dogs webpages including, without limitation, webpages under www.fatdogs.com, Fat Dogs Rewards mobile app, Fat Dogs social media sites and all associated contents, functionality and services. As between you and Fat Dogs, Fat Dogs is solely responsible for the mobile app. Neither Apple, Inc. (Apple Store), Google, Inc. (Google Play), nor any other app store or marketplace is responsible for the mobile app or any contents.

The Online Properties are the property of Fat Dogs and/or its licensors and contractors. You are granted a non-exclusive, revocable, non-assignable, personal, non-transferable and limited license to view the Online Properties and to print off copies of any or all of the pages of the Online Properties provided (a) it is used only for non-commercial informational purposes (except it may be used in furtherance of your commercial relationship with Fat Dogs), (b) you do not remove or obscure the copyright notice or other notices, and (c) you do not violate this Agreement or any third party rights. Without the prior written consent of Fat Dogs, you are not allowed (i) to modify, copy, mine, scrape, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or material, products or services obtained from the Online Properties; (ii) to reproduce any part of the Online Properties or mirror any material contained on the Online Properties on any other server; or (iii) to create a link to or from the Online Properties.

Fat Dogs reserves the right, at its discretion, to refuse access to the Online Properties or to take any other appropriate action if it believes that a visitor’s conduct is in violation of applicable law or this Agreement. Fat Dogs reserves the right to withdraw or amend the Online Properties, and any service or material provided on the Online Properties, in our sole discretion without notice.

Prohibited Use of the Online Properties

You agree that all information you provide on the Online Properties is correct, current and complete. As an express condition of your use of any Online Property, you explicitly agree not to use it for any purpose that is unlawful or prohibited by this Agreement as the same could lead to criminal or civil prosecution. Also, you agree not to use the Online Properties in any way that could damage, disable, overburden, or impair the same, or interfere with others’ use. Furthermore, you agree not to attempt to gain access to Fat Dogs computer systems or networks connected to Fat Dogs through fraud, hacking, password mining or any other means, or to attempt to reverse engineer any portion of the Online Properties. Additionally, you agree not to impersonate or attempt to impersonate Fat Dogs, a Fat Dogs employee, another user or any other person or entity.

Electronic Signatures

The Online Properties contain opportunities to provide your electronic signature. “Electronic signature” means any electronic sound, symbol or process attached to or logically associated with a record and executed and adopted by a party with the intent to sign such record, including without limitation “I Accept” checkboxes, buttons or click-throughs, email or other electronic methods of signature. Where you so indicate by electronic signature, you agree that each electronic signature you provide through the Online Properties is intended to authenticate the applicable writing and that your electronic signature is the legal equivalent of your manual signature. You have the right to revoke your consent to electronically sign documents at any time by email to customerservice@wilkco.com, however any such revocation will not alter the validity and enforceability of any previously provided electronic signatures.

Product and Service Information

The information and material presented on or through the Online Properties is made available solely for general information purposes. The Online Properties may contain information related to Fat Dogs and its daily fuel prices, product information and pricing, store specials, manufacturer’s rebates, store facilities, store locations, service offerings, service availability, and other special offers. Fat Dogs makes no warranties or guarantees that such information is accurate or that each service or product will be available at a specific time or at every store location.

Account IDs & Passwords

To access certain portions of the Online Properties, or resources offered through the Online Properties, you may be asked to provide certain registration details or other information, such as user identification numbers, names or passwords (“Account IDs”).

You are solely responsible for maintaining the confidentiality of your Account IDs and agree to take appropriate measures so as to protect against the misuse and/or unauthorized access of secure areas of the Online Properties through any methods, including unauthorized access through or to your Account IDs. Such misuse or unauthorized access shall include any disclosure, release, viewing or other unauthorized access to information obtainable through the use of any Account IDs. You agree that Fat Dogs or third parties may suspend your access pending an investigation of the use of any of your Account IDs. You agree to cooperate fully with any and all investigations. You agree to notify Fat Dogs immediately of any unauthorized use of your Account IDs. You agree that you are solely responsible for all activities that occur under your account, whether or not you authorized the activity, and that Fat Dogs will not be liable for any loss or damage to you or any third party arising from your failure to comply with any of the foregoing obligations.

Digital Offers

If you download the Fat Dogs Rewards Application (“App”) and create an Account ID, we may send you special offers and messages. These in-App offers may have specific terms and conditions outlined in the offer. These in-App offers and in-App messages are integrated features of the App. If you do not wish to receive these in-App offers and in-App messages, you must delete the App.

If Fat Dogs offers are featured on the Fat Dogs Online Properties, they may be redeemed at participating locations. Some digital offers may require you to perform specific redemption action within the App. Offers may not be changed or modified in any way. Copying, sale and Internet auction and re-distribution of offers is strictly prohibited. All offers are void where prohibited.

Third Party Sites and Content (Links to Other Websites)

The Online Properties may contain links to other websites which are hosted, operated and/or managed by third parties. These links are provided as a convenience and the inclusion of any such link does not constitute an endorsement by Fat Dogs of the use of or content on such other websites. Should you choose to visit any such website, you do so at your own risk. Fat Dogs makes no warranty or representation and disclaims any liability related to any linked website and/or its content, and is not responsible for the terms of use or privacy practices of such other website. We strongly recommend that you read the terms of use and privacy policies of every linked website you elect to visit.

Trademarks

Fat Dogs® and Fat Dogs Rewards® are marks owned by Fat Dogs and may not be used without the express written permission of Fat Dogs. There are other trademarks, service marks, trade names and trade dress on the Online Properties owned by Fat Dogs. You may not use any Fat Dogs trademarks, service marks, trade names, trade dress or other intellectual property without the express written permission of Fat Dogs and such use must adhere to Fat Dogs instructions and guidelines (including without limitation Fat Dogs published brand identity guidelines), and applicable law.

To assist and inform you and other users of our Online Properties, Fat Dogs makes licensed or fair use of trademarks, service marks, logos, graphics, designs, names, and the like of third parties for display on the Online Properties. Fat Doges makes no claim of ownership of these marks, and such materials are to be considered the exclusive property of the respective third parties. Fat Dogs use of the marks of third parties is not intended to suggest corporate affiliation with, sponsorship of or endorsement by the mark’s holder.

Copyrights

All software and content included on the Online Properties, including all text, graphics, logos and images, are owned by Fat Dogs or third parties and are protected by United States and/or international copyright laws. Any use of the Online Properties including the reproduction, copying, distribution, transmission, republication, display or creation of works derivative of the Online Properties or of Electronic Communications (defined in the Privacy Policy below) is strictly prohibited, except as otherwise specifically set forth in this Agreement. You do not acquire ownership rights to any content or other materials viewed on or through the Online Properties. The posting of information or materials on the Online Properties does not constitute a waiver of any rights therein.

Promotions; Rewards Program

We may offer you the ability to participate in our promotions and rewards program through the Online Properties, such Fat Dogs Rewards.

Geo-Location Services

Fat Dogs mobile app utilizes geo-location services when you allow the mobile app to access your location via your mobile device settings. In the event you elect to provide Fat Dogs to access your location, Fat Dogs may 1) provide services available through the mobile app to you, 2) market additional products and services to you, and 3) conduct internal research based on your current location. Further, by electing to provide Fat Dogs to access your location, you consent to the collection, use, sharing, and transfer of your geo-location data with Fat Dogs and third-party providers of Fat Dogs who help facilitate the services made available through the mobile app. You may turn location access on or off by visiting the “Settings” portion of your mobile device.

Disclaimer of Representations and Warranties

THE ONLINE PROPERTIES ARE PROVIDED BY FAT DOGS ON AN “AS IS” AND “AS AVAILABLE” BASIS. VISITORS TO THE ONLINE PROPERTIES ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THE ONLINE PROPERTIES. FAT DOGS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE ONLINE PROPERTIES OR THE SECURITY, CONTENT, PRODUCTS OR SERVICES INCLUDED ON THE ONLINE PROPERTIES. TO THE FULL EXTENT PERMITTED BY LAW, FAT DOGS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS AND SUPPLIERS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHTS. FAT DOGS MAKES NO WARRANTIES THAT USE OF THE ONLINE PROPERTIES OR SERVICES AVAILABLE ON THE ONLINE PROPERTIES WILL BE UNINTERRUPTED, AVAILABLE AT ALL TIMES AND LOCATIONS, SECURE, FREE FROM ERRORS, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, FAT DOGS DOES NOT WARRANT THAT ANY CONTENT OF THE ONLINE PROPERTIES IS ACCURATE, RELIABLE OR CORRECT; THAT THE ONLINE PROPERTIES WILL MEET YOUR REQUIREMENTS; THAT THE ONLINE PROPERTIES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECT OR ERRORS WILL BE CORRECTED; OR THAT THE ONLINE PROPERTIES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FAT DOGS SHALL NOT BE RESPONSIBLE FOR ANY SERVICE INTERRUPTIONS,

Representation and Warranty; Indemnity

BY ACCESSING OR USING THE ONLINE PROPERTIES, YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE ONLINE PROPERTIES. You also represent that you are at least 18 years of age (or you have parental permission if you are under 18 years of age) and have the right, power, and authority to enter into this Agreement.

You agree to defend, indemnify, and hold Fat Dogs, its officers, directors, employees, agents, and licensors, harmless from and against any and all claims, actions, demands, costs, expenses, damages, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of this Agreement, including the Privacy Policy, any applicable Additional Terms, your use of the Online Properties, your violation of the rights of any third party, your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental or quasi-governmental authorities, or any misrepresentation made by you. Fat Dogs reserves the right to assume, at your expense, the exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate with Fat Dogs defense of any claim. You will not in any event settle any claim without the prior written consent of Fat Dogs.

Limitation of Liability

FAT DOGS WILL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY OF ANY KIND, WHETHER DIRECT, INDIRECT, ACTUAL, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL, ARISING FROM THE USE OF THE ONLINE PROPERTIES OR SERVICES AVAILABLE ON THE ONLINE PROPERTIES, THE UNAVAILABILITY OF THE ONLINE PROPERTIES OR THIRD PARTY WEBSITES, DAMAGE TO YOUR COMPUTER OR COMPUTER SYSTEM, OR ANY LOSS OF DATA, PROFITS, USE, BUSINESS OR GOOD-WILL, OR BUSINESS INTERRUPTION RESULTING FROM SUCH USE, EVEN IF FAT DOGS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN THE POSSIBILITY OF SUCH DAMAGES.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE ONLINE PROPERTIES OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE ONLINE PROPERTIES AND ANY SERVICES OR PROGRAMS PROVIDED THROUGH THE ONLINE PROPERTIES.

THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND FAT DOGS. THE ONLINE PROPERTIES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH THE ONLINE PROPERTIES OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT OR ANY APPLICABLE ADDITIONAL TERMS.

Fat Dogs Privacy Policy, as it may change from time to time, is incorporated as a part of this Agreement and is set forth below. Accordingly, all terms contained herein, apply equally to the Privacy Policy.

Modification and Effectiveness

Fat Dogs may amend or replace any part of this Agreement or any applicable Additional Terms from time to time without specific prior notice to you. Any modifications to this Agreement or any applicable Additional Terms will be effective immediately upon posting of, or reference to the posting of, such modification on the Online Properties. It is your responsibility to review the Agreement and any applicable Additional Terms each time you use the Online Properties so that you are aware of any modifications made. Usage of the Online Properties means you accept the then current form of the Agreement and any applicable Additional Terms. For your convenience and future reference, the date of the current version of this Agreement is noted below. By continuing to visit and use the Online Properties following the posting of a revised Agreement, you are agreeing to any changes in the revised Agreement. If you object to any such changes, your sole recourse is to cease using the Online Properties.

Dispute Resolution, Binding Arbitration, and Class Action Waiver

Certain portions of this section are deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and Fat Dogs agree this Section satisfies the “writing” requirement of the Federal Arbitration Act. This Section can only be amended by mutual agreement.

If any controversy, allegation, dispute, claim or cause of action relates in any way to your use of the Online Properties (collectively, “Dispute”), then you agree the Dispute shall be submitted to confidential arbitration in Lincoln County, Nebraska, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of Nebraska. You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of Nebraska. Arbitration shall be conducted pursuant to the Commercial Arbitration Rules then prevailing at the American Arbitration Association. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. You agree that regardless of any statute or law to the contrary, any Dispute must be filed within one (1) year after such Dispute arose or be forever banned.

Disputes will be arbitrated only on an individual basis and will not be joined or consolidated with any other arbitration or other proceedings that involve any controversy, allegation, dispute, claim or cause of action of any other party. YOU AND FAT DOGS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

Miscellaneous

This Agreement and any applicable Additional Terms constitute the entire agreement between you and Fat Dogs regarding the Online Properties, and supersede all prior or contemporaneous agreements, representations, warranties or understandings with respect to the Online Properties, the content, products or services provided by or through the Online Properties. No Fat Dogs consent or approval may be deemed to have been granted by Fat Dogs without being in writing and signed by an officer of Fat Dogs. If any provision of this Agreement or any applicable Additional Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement and any applicable Additional Terms, which shall remain in full force and effect. No waiver of any term of this Agreement or any applicable Additional Terms shall be deemed a further or continuing waiver of such term or any other term.

You hereby waive any applicable statutory and common law that may permit a contract to be construed against its drafter. The section headings are provided for convenience only and shall not limit the full Agreement. Fat Dogs may assign its rights and obligations under this Agreement and any applicable Additional Terms, in whole or in part, to any party at any time without any notice. This Agreement and any applicable Additional Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of Fat Dogs.

Contact Information

If you have any comments or questions regarding the Online Properties or any of the terms of this Agreement and any applicable Additional Terms, please contact us at customerservice@wilkco.com or by any means listed on the “Contact Us” webpage at http://Fatdogs.com/contactus/.

This Privacy Policy is a part of the Terms of Use Agreement, which governs your use of the Online Properties.

In consideration of Wilkinson Development, Inc. (together with its affiliates, “Fat Dogs”) allowing you to use The Online Properties (as defined in the Terms of Use Agreement), you agree to be bound by the terms of this Privacy Policy. YOUR USE OF THE ONLINE PROPERTIES CONSTITUTES YOUR ACCEPTANCE OF THIS ONLINE PROPERTIES’ TERMS OF USE AGREEMENT WHICH INCORPORATES THIS PRIVACY POLICY. If you do not agree to the terms of this Privacy Policy, you should proceed no further and obtain no services through the Online Properties. This Privacy Policy does not govern our data collection activities offline or otherwise outside of our Online Properties (unless otherwise stated at the time of collection).

Introduction

This Privacy Policy is designed to assist you in understanding how Fat Dogs collects, uses and safeguards information and to assist you in making informed decisions when visiting or utilizing services provided by Fat Dogs on the Online Properties. This Privacy Policy will be periodically reviewed and revised from time to time.

The Types of Information We Collect & The Ways We Use Information

Information We Collect Automatically. We and our Service Providers (defined below) may automatically collect certain usage information about you when you access or use the Online Properties, which may include IP address; device identifier; Ad ID; browser type; operating system characteristics; information about your use of our Online Properties; and data regarding network connected hardware (e.g., computer or mobile device). This information does not identify you personally. We use this information to help us evaluate visitor traffic patterns and improve our Online Properties by making our systems more responsive to the needs of visitors.

We may track your visit to our Online Properties by giving you HTML “cookies” when you enter. Cookies are pieces of information transferred to your device’s hard drive or shared with your device’s temporary memory for record-keeping purposes. Our cookies do not store personal information. Cookies allow us to save preferences for you to make visiting our Online Properties easier. Cookies also help us to collect anonymous click-stream data for tracking visitor trends and patterns. Most browsers are initially set up to accept cookies. If you prefer, you can reset your browser either to notify you when you have received a cookie or to refuse to accept cookies. You should understand that certain areas of our Online Properties may not function properly if you set your browser not to accept cookies. We do not respond to web browser “do not track” signals at this time.

Information You Provide Us. We and our Service Providers collect information you provide to us directly via the Online Properties. This information may include personal information such as your name, address, telephone number, email address, social security number, date of birth (where permitted by law) and other information, in connection with services and products available or described on the Online Properties when you choose to provide such information. For example, we collect information in connection with:

Our Fat Dogs Rewards® program,

Our Smart Fuel Fleet Card program,

Customer Portals,

Periodic contests,

Our “Contact Us” webpage.

You also may provide information to be published or displayed on public areas of the Online Properties, or transmitted to other users of the Online Properties (“User Contributions”). Your User Contributions must be legal and ethical, may be accessible by the general public and are posted on and transmitted to others at your own risk. Fat Dogs reserves the right to remove User Contributions and/or the ability to submit User Contributions at any time.

Information From Other Sources. In addition, we may obtain information about you from other sources and combine that with information we collect about you. This information may include, where permitted by law, personal information such as your name, address, email address, social security number, date of birth, prior work history and other background information from the third party Service Providers hosting the following Online Properties when you choose to provide the information in connection with:

Fat Dogs Career Websites,

Customer Electronic Payment and Billing Systems, and

Individual Store Websites.

See the section entitled “Privacy Policies of Other Websites” below for more information regarding your privacy on third party links posted to our Online Properties.

Consent to Use Information

By providing information into any of the above areas, including personal information, you grant us permission to use such information for our business purposes including, without limitation, targeted online advertising for employment, products or services, contacting you regarding employment opportunities, credit applications or product offers, and you grant us permission to securely transmit your personal information to third parties to fulfill our business purposes. Further, we may contact you about selected employment positions, products, services, companies and events that we think may interest you, or contact you to obtain information regarding your opinion, requests, questions, comments or other information you have provided. If you later decide you do not want your information to be used in these ways, please let us know through the opt-out procedures described below. Please also see the section below entitled “Electronic Communications from Fat Dogs.”

By providing the personal information of a person other than yourself or that of an entity into any of the above areas, you are solely responsible for obtaining from such person or entity any and all required rights, releases, consents, clearances, licenses, and other authorizations necessary to exploit and otherwise use their information (the “Clearances”). By submitting such information, you represent and warrant to Fat Dogs that all required Clearances have been obtained and Fat Dogs is entitled to rely on the same.

How We Disclose Information We Collect

We may disclose your information to our affiliated companies and our stores as well as to our agents, vendors, consultants and other companies that provide services to us (“Service Providers”) and to companies that may advertise to you as permitted by law, unless we are otherwise notified by you through the opt-out procedures described below. We may also disclose your information: (a) in response to requests from local, state or federal law enforcement officials; (b) in response to any judicial, administrative, or similar proceeding such as a subpoena; (c) when required by law; (d) to protect and defend the rights, business, property , life, health, security and/or safety of Fat Dogs, the Online Properties, the users of the Online Properties, Service Providers, or any third party; (e) in special circumstances including in connection with a fundamental corporate structure or ownership change or in response to a physical threat (actual or perceived) to an individual; (f) to enforce this Privacy Policy or the Terms of Use Agreement; or (g) to verify the accuracy of your information.

How We Protect Your Information

Information Security. Fat Dogs does not warrant the security of your information. However, we utilize a variety of security controls to safeguard the confidentiality of personal information we collect from unauthorized access or disclosure and accidental loss, alteration or destruction.

Evaluation of Information Protection Controls. Periodically, our controls are reviewed for security, confidentiality and quality.

Employee Access to Your Information. In general, our business practices limit employee access to personal information and limit the use and disclosure of such information to authorized persons, processes and transactions.

Electronic Communications from Fat Dogs

You may be given the opportunity to consent and request to receive from Fat Dogs and/or its third party Service Providers, by electronic delivery (which includes, but is not limited to, email, text message, mobile app push message, automatic telephone dialing system or artificial or prerecorded voice recordings to cell phones and landlines), promotional and marketing information and materials, documents, and any other communications (“Electronic Communications”). Your consent is your specific agreement that Electronic Communications provided by Fat Dogs are reasonable and proper for the purpose of any and all laws, rules, and regulations, and you agree that such Electronic Communications fully satisfy any requirement that such communications be provided to you in writing or in a form that you may keep.

Additional Terms relating to SMS Communications

Your current valid contact information will be required in order for you to receive Electronic Communications from Fat Dogs. You must also download the Fat Dogs Rewards mobile app to receive push messaging. It is your responsibility to ensure the accuracy of your contact information. You may request a paper version of any agreement to which your electronic signature applies. You acknowledge that Fat Dogs reserves the right to charge you a reasonable fee for the production and mailing of any such agreement. To request a paper copy contact us at customerservice@wilkco.com.

You have the right to withdraw your consent to receive Electronic Communications from Fat Dogs. You acknowledge and agree that Fat Dogs has the right to restrict or terminate your access to certain aspects of the Online Properties if you withdraw your consent to receive Electronic Communications. If you wish to withdraw your consent, contact us at customerservice@wilkco.com.

Opt-out; Access, Correction, & Deletion of Information

Visitors to our Online Properties may be given the opportunity to choose whether to have their information used for certain purposes when asked for the information. Otherwise, visitors who no longer wish to be contacted, to have their information shared pursuant to this Privacy Policy, or to receive our sales alerts and other promotional email, text or mobile app push notifications may always opt-out of receiving one or all of these notifications or from having their information shared for certain purposes by (1) logging into your loyalty account, if any, and choosing to opt-out, (2) utilizing prescribed unsubscribe mechanisms contained in Fat Dogs emails or texts, or (3) contacting us at custoemrservice@wilkco.com; provided however, Fat Dogs may still disclose your information as set forth in (a) – (g) of the section above entitled “How We Disclose Information We Collect”. You may opt-out at any time and for any reason.

Our mobile applications may send you notifications that may include alerts, sounds, and icon badges. These push notifications or in-app messages may include both operational messages and promotional messages regarding products, services and offers that may be of interest to you. These can be configured in settings. As with emails, even if you opt-out of receiving promotional communications, we may continue to send you non-promotional push notifications, such as those about your use of the applications or our ongoing business relations.

You may access or correct your information by logging into your loyalty account, if any, or contacting us at rewards@wilkco.com or 1-308-539-2651.

If you would like to exercise an access, review, and/or deletion right of Your Information in accordance with applicable law, please submit a verifiable consumer request to customerservice@wilkco.com.

Children’s Privacy

The Online Properties are intended for a general audience and not directed to children less than thirteen (13) years of age. We will not knowingly collect personal information from children under the age of thirteen (13) consistent with the Children’s Online Privacy Protection Act. If we become aware that a child under the age of thirteen (13) has provided personal information to us through our Online Properties, we will delete it from our files. If you are under the age of thirteen (13), please do not attempt to provide any personal information on our Online Properties. If you are a parent or legal guardian of someone under the age of thirteen (13) whom you believe has submitted personal information to us, please contact us at customerservice@wilkco.com and we will take appropriate steps to remove such information from our files.

Electronic Messaging

Electronic messaging is subject to our Electronic Messaging Disclaimer, which can be viewed at [insert link here].

Fat Dogs routinely retains electronic messages and uses encryption/security software, but Fat Dogs cannot completely ensure the security and privacy of electronic messaging to and from Fat Dogs. These communications could be intercepted without your knowledge and permission. If you are concerned about your privacy, we suggest that you do not use electronic messaging to provide information to us that you consider sensitive or confidential.

Release and Limitations

By using the Online Properties you release Fat Dogs from and agree that Fat Dogs is not responsible for: (i) any disclosure of personal information made by you to a Service Provider through your use of the Online Properties; (ii) any disclosure of personal information obtained illegally from us; or (iii) any accidental disclosure of personal information made by us.

Privacy Policies of Other Websites

As stated above, the Online Properties contain links to other websites which are hosted, operated and/or managed by a third party or its contractors, not Fat Dogs. Any information submitted to these other websites may be retained, viewed and used by the third parties and/or Fat Dogs and in accordance with any applicable third parties’ respective use and privacy policies and this Privacy Policy. Fat Dogs is not responsible for the privacy practices of the third parties hosting, operating and/or managing such other websites. We strongly recommend that our visitors read and inquire into the privacy policies of every such third party website that they visit which collects personal information.

How to Contact Us

If you have any comments or questions regarding the Online Properties or any of the terms of this Privacy Policy, please contact us at customerservice@wilkco.com or by any means listed on the “Contact Us” webpage at http://www.fatdogs.com/ContactUs.

August 2023

Mobile Messaging Terms and Conditions

Last updated: 08.23.2023

Fat Dogs (“Fat Dogs”, “we”, or “us”) operates a mobile messaging program (the “Program”) subject to these Mobile Messaging Terms and Conditions (the “Mobile Messaging Terms”). The Program and our collection and use of your personal information is also subject to our Privacy Policy [insert link to your privacy policy] [and our [insert name of general terms of use agreement, if applicable] [insert link if applicable]]. By enrolling, signing up, or otherwise agreeing to participate in the Program, you accept and agree to these Mobile Messaging Terms and our Privacy Policy [and our [insert name of general terms of use agreement, if applicable]].

Program Description: We may send promotional and transactional mobile messages in various formats through the Program. Promotional messages advertise and promote our products and services and may include promotions, specials, other marketing offers, and abandoned checkout reminders. Transactional messages relate to an existing or ongoing transaction and may include order notifications and updates, appointment reminders, and other transaction-related information. Mobile messages may be sent using an automated technology, including an autodialer, automated system, or automatic telephone dialing system. Message frequency will vary but will not exceed 3 messages per month. You agree that we, our affiliates, and any third-party service providers may send you messages regarding the foregoing topics or any topic and that such messages and/or calls may be made or placed using different telephone numbers or short codes. We do not charge for mobile messages sent through the Program but you are responsible for any message and data rates imposed by your mobile provider, as standard data and message rates may apply for SMS and MMS alerts.
User Opt-In: By providing your mobile phone number to us, you are voluntarily opting in to the Program and you agree to receive recurring mobile messages from us at the mobile phone number associated with your opt-in, even if such number is registered on any state or federal “Do Not Call” list. You agree that any mobile phone number you provide to us is a

valid mobile phone number of which you are the owner or authorized user. If you change your mobile phone number or are no longer the owner or authorized user of the mobile phone number, you agree to promptly notify us at rewards@wilkco.com. Your participation in the Program is not required to make any purchase from us and your participation in the Program is completely voluntary.

User Opt-Out and Support: You may opt-out of the Program at any time. If you wish to optout of the Program and stop receiving mobile messages from us, or you no longer agree to these Mobile Messaging Terms, reply STOP, QUIT, CANCEL, OPT-OUT, and/or UNSUBSCRIBE to any mobile message from us. You may continue to receive text messages for a short period while we process your request and you may receive a one-time opt-out confirmation message. You understand and agree that the foregoing is the only reasonable method of opting out. For support, reply HELP to any mobile message from us.

Our mobile messaging platform may not recognize requests that modify the foregoing commands, and you agree that we and our service providers will not be liable for failing to honor requests that do not comply with the requirements in these Mobile Messaging Terms. We may also change the telephone number or short code we use to operate the Program and we will notify you of any such change. You acknowledge that any requests sent to a telephone number or short code that has been changed may not be received by us and we will not be responsible for failing to honor a request sent to a telephone number or short code that has been changed.

Disclaimer of Warranty and Liability: The Program is offered on an “as-is” basis and may not be available in all areas, at all times, or on all mobile providers. You agree that neither we nor our service providers will be liable for any failed, delayed, or misdirected delivery of any mobile message or information sent through the Program.
Modifications: We may modify or cancel the Program or any of its features at any time, with or without notice. To the extent permitted by applicable law, we may also modify these Mobile Messaging Terms at any time. Any such modification will take effect when it is posted to our website. You agree to review these Mobile Messaging Terms periodically to ensure that you are aware of any modifications. Your continued participation in the Program will constitute your acceptance of those modifications.

Privacy Policy

Effective Date: 08.23.2023

This Privacy Policy explains how Fat Dogs collects, uses, and discloses personal information about our customers, prospective customers, and visitors to our “Online Properties” at https://www.fatdogs.com.

COLLECTION OF PERSONAL INFORMATION

Information collected directly from you: We may collect personal information directly from you, for example through a web form, during registration, while making a reservation, while setting up an account with us, when you contact us for customer support, or at checkout. Personal information we collect directly from you may include first and last name, birthdate, address, email address, and phone number.

Information collected from your device: Our “Online Properties” may use technologies such as cookies, web beacons, pixels, and other similar technologies to automatically collect certain information from your device including, for example, your IP address, date and time of your visit, browser and operating system information, referring website address, and other information about how you interact with the website. Our website may also use cookies and similar technologies to enhance your user experience and enable certain features such as keeping track of items you put in your shopping cart. Our email campaigns may also use tracking technologies such as web beacons, pixels and other similar technologies to automatically collect certain information such as your IP address, browser type and version, and email engagement statistics.

Information collected from our partners: We may collect personal information about you from our third-party partners and combine it with other information that we collect. Personal information we collect from our partners may include, for example, your demographic information, shopping history, and geographic location.

USE OF PERSONAL INFORMATION

We may use information collected about you for any lawful purpose, including the following:

To provide you with our products and services, customer service and support, and other relevant information;
To market our products and services to you, including by email and text message subject to your consent;
To provide our website to you, to optimize our website, and to assist with our advertising and marketing efforts;
To send you abandoned cart reminders if you added items to your shopping cart but did not complete check out;
To comply with the law and to maintain the security of our website; or
With your consent, or as otherwise disclosed at the time information is collected.

DISCLOSURE OF PERSONAL INFORMATION

We may share the information we collect with other parties, including the following:

With third-party service providers to assist us with providing and marketing our products and services such as payment processors, data hosting services, analytics services, and email service providers.
With Constant Contact, to send email marketing and text message communications. For more information about how we may use your information with Constant Contact and the information that may be collected through our email campaigns, see Constant Contact’s Customer Data Notice available at https://www.constantcontact.com/legal/customer-contact data-notice .
With any affiliates or joint venture partners that we may have in the future.
As part of a corporate sale, merger, or acquisition, or other transfer of all or part of our assets, including as part of a bankruptcy proceeding.
If necessary to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights or the rights of third parties, or to protect the safety or security of any person or entity.
With your consent or as otherwise disclosed at the time of data collection or sharing.

We may share information that has been de-identified or aggregated without limitation.

Our website may offer interactive features, such as the ability to leave reviews, that you can use to communicate with other website visitors or to submit and post your own content. If you disclose information in one of these forums, this information can be viewed, collected, and used by others.

DIGITAL ADVERTISING & ANALYTICS

We may authorize our advertising partners to use cookies and similar technologies on our website to automatically collect certain information from your device, and we may share information about you, your purchases, and your interactions with our website with and with our advertising partners. These partners may also collect information from other websites or apps over time, including information about relationships among different browsers and devices. Such information can be used by us or our advertising partners to serve more relevant targeted ads. For more information about this type of advertising and how to opt out of targeted advertising from our advertising partners, go to www.aboutads.info.

We may also work with third parties that collect data about your use of our website and other sites or apps over time for non-advertising purposes. We use Google Analytics and other third-party services to improve the performance of the website and for analytics and marketing purposes. For more information about how Google Analytics collects and uses data when you use our website, visit www.google.com/policies/privacy/partners , and to opt out of Google Analytics, visit

tools.google.com/dlpage/gaoptout

Your web browser may allow you to block or disable cookies; however, parts of our website may not function properly if you do so.

EMAIL AND TEXT MESSAGE COMMUNICATIONS

If you wish to unsubscribe from our email campaigns, please click on the Unsubscribe link at the bottom of any marketing email sent from us. If you opt out of our email marketing, we will still send you messages related to our transactions and relationship with you, such as order confirmations.

If you wish to stop receiving text messages from us, reply STOP, QUIT, CANCEL, OPT-OUT, or UNSUBSCRIBE to any text message sent from us. For more information, see our Mobile Messaging Terms and Conditions available at [insert mobile terms and conditions].

UPDATING YOUR INFORMATION

When you have an account with us, you may review, change or update your contact information by logging into your account.

CHANGES TO THIS PRIVACY POLICY

We may update this Privacy Policy at any time. Please review it frequently.

CONTACT INFORMATION

If you have any questions about this policy or our privacy practices, please contact us at customerservice@wilkco.com.