Potbelly Franchise SMS Communications Program: Terms, Conditions & Privacy Policy

Effective Date: April 17, 2026

Program Name: Potbelly Franchise Communications Program (the “Program”)

1. Program Description and Consent

Potbelly Sandwich Works, LLC and its affiliate Potbelly Franchising, LLC (“Potbelly,” “we,” “us,” or “our”) operates the Program to communicate with current and prospective Potbelly franchisees via SMS text messaging using trusted third party providers. By opting in to the Program, you expressly consent to receive recurring text messages from Potbelly at the mobile number you provide. Messages may be sent using automated technology. These messages may include, without limitation, franchise opportunity information, operational updates, training communications, compliance notices, and other information relevant to your current or prospective franchise relationship with Potbelly.

Consent to receive SMS messages is not a condition of any purchase, franchise agreement, or franchise application.

2. Opt-In

You may opt in to the Program by submitting your information through franchising.potbelly.com, checking an SMS consent box, or otherwise affirmatively agreeing to receive SMS messages where such option is presented. You represent that you are the authorized user of the mobile number provided and that you are at least 18 years of age. By providing your phone number, you consent to receiving text messages related to the Program.

Upon opting in, you will receive a confirmation message verifying your enrollment in the Program. That confirmation message will include opt-out and help instructions.

3. Message Frequency and Rates

Message frequency varies based on operational needs and your interactions with Potbelly. Message and data rates may apply depending on your mobile carrier and plan. Potbelly does not charge a separate fee for participation in the Program. Please contact your wireless provider for information about your messaging plan.

4. Opt-Out

You may opt out of the Program at any time by replying STOP, QUIT, CANCEL, OPT OUT, UNSUBSCRIBE to any message from us. Upon receipt of your opt-out request, we will send a one-time confirmation message, and you will no longer receive SMS messages from us unless you subsequently re-opt in. We and our service providers will not be liable for failing to honor opt-out requests that do not comply with the methods described in this section.

5. Help and Customer Support

For help, reply HELP to any message. You may also contact us at franchise@potbelly.com.

6. Supported Carriers and Delivery

The Program is supported on major U.S. wireless carriers, including AT&T, Verizon Wireless, T-Mobile, and others. T-Mobile is not liable for delayed or undelivered messages. Carriers are not liable for delayed or undelivered messages.

The Program is offered on an “as-is” basis and may not be available in all areas, at all times, or on all carriers. We are not liable for any failed, delayed, or misdirected delivery of any message or information sent through the Program.

7. Your Obligations

You must notify us promptly if you change, transfer, or deactivate the mobile telephone number you used to opt in to the Program. Failure to notify us of a number change may result in messages being delivered to the new holder of that number, and you agree to hold Potbelly harmless from any claims arising from your failure to provide such notice.

8. Data Collection, Use & Sharing (SMS Privacy Policy)

When you opt in to the Program, we collect your mobile phone number, name, and information related to your SMS interactions (e.g., opt-in and opt-out status, message delivery data, timestamp and method of consent).

We use this information solely to send you franchise-related SMS communications and to administer the Program.

We will not sell, share, or disclose your personal information, including your mobile phone number, SMS opt-in data, or consent status, to third parties or affiliates for marketing, promotional, advertising, or analytics purposes.

We will not share your opt-in to this SMS program with any third party for purposes unrelated to providing you with the services of the Program.

We may share your information with third-party service providers (such as our SMS platform provider) only to the extent necessary to deliver SMS messages and operate the Program on our behalf.

This Policy supplements our general Privacy Policy located https://franchising.potbelly.com/privacy-policy/, which details how we process personal information more broadly. If you are a resident of a state with applicable consumer privacy laws, you may have additional rights set forth therein regarding your personal information, including the right to access, correct, or delete your data. We do not sell or share personal information collected through this Program.

10. Franchisee Communications Programs

This Policy applies solely to SMS communications sent by Potbelly corporate through the Program. Individual Potbelly franchisees may operate their own separate SMS messaging programs. Those programs are not governed by this Policy. If you receive SMS messages from a Potbelly franchisee and wish to opt out, you must do so directly with that franchisee.

11. Messaging Hours

We will send messages only during reasonable hours in accordance with applicable law.

12. Governing Law and Dispute Resolution

This Policy and the Program are governed by the laws of the State of Georgia, without regard to conflict of law principles. Any dispute arising out of or relating to the Program or this Policy shall be resolved in accordance with the dispute resolution procedures set forth in your franchise agreement with Potbelly, or if no franchise agreement exists, in the state or federal courts located in Cobb County, Georgia. YOU HEREBY EXPRESSLY WAIVE YOUR RIGHT TO A TRIAL BY JURY.

13. Changes to This Policy

Potbelly reserves the right to update these Terms, Conditions, and Privacy Policy at any time. Changes will be posted to this page with an updated effective date. Your continued participation in the Program after changes are posted constitutes acceptance of the revised terms.

14. Contact Us

For questions about the Program or this Policy, contact us at franchise@potbelly.com.