European Union Data Protection Directive Privacy Statement

This statement covers customers’ Personal Information (as defined below) that is subject to the European Union Data Protection Directive. Meeting the needs and expectations of our customers has always been our highest priority and that includes protecting your privacy. We have prepared this privacy statement to describe our approach to meeting the seven principles of the Safe Harbor agreed to by the European Commission on 27 July 2000. This statement applies to restaurants operating under the name of Hard Rock Cafe and other information-processing business locations within the Hard Rock group of companies (referred to hereafter as "HRC").

Collection and Use of Personal Information
"Personal Information" means any information or set of information received by the Company from the EEA (European Economic Area) that identifies or could be used by or on behalf of HRC to identify an individual covered by the Safe Harbor Framework.

The Personal Information you provide to us is stored in a database in Orlando, Florida, which is accessible by and transferred to companies owned or controlled by HRC or its agents. A list of these companies is set out below and includes entities in the United States and EU member states. Your personal details are used to administer HRC product offerings and may also be used to inform you of other HRC offers. Your Personal Information is only shared with non-agent third parties with your explicit permission.

Notice
If HRC collects Personal Information directly from individuals, it will inform them about the purposes for which it collects and uses Personal Information about them, the types of non-Agent Third Parties to which HRC discloses that information, and the choices and means HRC offers individuals for limiting the use and disclosure of their Personal Information. Notice will be provided in clear language when individuals are first asked to provide Personal Information to HRC, or as soon as practicable thereafter, and in any event before HRC uses the information for a purpose other than that for which it was originally collected. HRC may disclose Personal Information if required to do so by law or to protect and defend the rights or property of HRC.

Choice/Opt-Out
HRC will offer individuals the opportunity to choose (opt-out) whether their Personal Information is: (a) to be disclosed to a non-Agent Third Party, or (b) to be used for a purpose other than that for which it was originally collected or subsequently authorized by the individual. HRC will provide individuals with reasonable mechanisms to exercise their choices should such circumstances arise.

Data Integrity
HRC will collect only Personal Information which is relevant for the purposes for which it is to be used. HRC will take reasonable steps to ensure that Personal Information is relevant, accurate, complete and current, to its intended use, and HRC employs controls to meet this requirement. If you become aware that information we maintain about you is inaccurate or if you would like to update the information, please let us know by contacting us as indicated below.

Onward Transfer/ Transfers to Agents
On occasion we may use the services of mail houses or other third parties (our “Agents”) to provide marketing materials or to provide a specified customer service. HRC will obtain assurances from its Agents that they will safeguard Personal Information consistent with this Policy. Where HRC has knowledge that an Agent is using or disclosing Personal Information in a manner contrary to this Policy, HRC will take reasonable steps to prevent or stop the use or disclosure. HRC holds its Agents accountable for maintaining the trust its employees and customers place in HRC.

Access and Correction
HRC will take reasonable steps to permit individuals to correct, amend or delete information that is demonstrated to be inaccurate or incomplete. If you tell us not to share information about you as described above and you have more than one account with us, you will need to instruct us on each account separately. Reasonable access to personally identifiable information will be provided within 30 days at no cost to the user. Please note that personal profile information supplied by you on-line for hardrock.com can be accessed by you on-line at no charge.

Security
HRC will take reasonable precautions to protect Personal Information in its possession from loss, misuse and unauthorized access, disclosure, alteration and destruction. HRC limits access to Personal Information and data to those persons in HRC's organization, or as Agents of HRC, that have a specific business purpose for maintaining and processing such Personal Information and data. Any individuals who are granted access to Personal Information will have been made aware of their responsibilities to protect the security, confidentiality and integrity of that information.

HRC will conduct annual compliance audits of its relevant privacy practices to verify adherence to this Policy and the Safe Harbor Principles. The audit will be conducted under the direction of the Privacy Officer.

Enforcement
We have deployed internal processes to monitor our compliance with the EU Data Protection Directive and address all questions or complaints. We encourage you to raise any concerns or complaints directly with us at the address listed below.

List of HRC companies

Set out below is a list of the entities belonging to the HRC group or its agents, to which your personal details may be transferred to administer your services or to inform you of other offers.

How to Contact Us

HRC has designated Jay Wolszczak, its Vice President of Business Affairs, as the Privacy Officer responsible for HRC’s compliance with and enforcement of this Policy and current data practices. Any questions or concerns regarding the use or disclosure of Personal Information should be directed via mail or email to:

Jay Wolszczak
Hard Rock Cafe International (USA), Inc.
6100 Old Park Lane, Orlando, FL. 32835
e-mail privacy@hardrock.com.

Please include your name, address and phone number or e-mail in all communications and state clearly the nature of your request. HRC will investigate and attempt to resolve complaints and disputes regarding use and disclosure of Personal Information in accordance with the principles contained in this Policy. For complaints that cannot be resolved between HRC and the complainant, HRC has agreed to participate in the dispute resolution procedures of the American Arbitration Association (“AAA”) in accordance with its applicable commercial rules as well as the Safe Harbor Principles. HRC is also subject to the jurisdiction of the US Federal Trade Commission. The Federal Trade Commission may be contacted at the following address:

Federal Trade Commission
Attn: Consumer Response Center
600 Pennsylvania Avenue NW, Washington, DC 20580
consumerline@ftc.gov, www.ftc.gov

Effective Date and Changes to this Safe Harbor Privacy Policy

The practices described in this Policy are the current Personal Information protection policies as of December 1, 2005. It shall be posted on HRC website at www.hardrock.com. HRC reserves the right to modify or amend this Policy at any time consistent with the requirements of the Safe Harbor Principles. Appropriate public notice will be given concerning such amendments.