I have asked for some tests.
It seems that with JavaScript enabled, the footer is available from the
Hamburger Menu (at least the first two entries - About and FAQ).
Clicking on either of those brings you to the footer items from where
you can access the Privacy Policy.
I’m told that “About” is blank - if that were removed, and “Privacy”
moved in the footer ahead of FAQ, it’s possible that it would appear in
the Hamburger. Pure speculation.