Privacy Notice
Last updated on January 1, 2020
Char-Broil, LLC and its subsidiaries (collectively, “Char-Broil", “we" or “us") respect your privacy. This Privacy Notice explains how we collect, use, and share information about you when you use or access our website, our branded pages on social media services, or any of the other sites, services, features, content, applications and products we offer in the United States and Canada. It also describes your privacy rights and choices.
If you are outside of the United States and Canada, a location-specific privacy may apply to you instead, so please check the applicable country-specific website. By using our website, you acknowledge and agree that any information you provide to us is being provided to us in the United States and will be hosted on United States servers.
We are constantly trying to improve, and we may revise this Privacy Notice from time to time in connection with any such improvements, to reflect changes in the law, our practices or for other reasons and update the date of this Privacy Notice. If you use the website after any changes to the Privacy Notice have been posted, that means you agree to all of the changes.
Collection of Information
The information, including personal information, that we collect from or about you may include:
Information Provided by You
We collect information that you provide voluntarily, for example when placing an online order through our website, registering a product, contacting us with a question or comment, and participating in marketing activities (e.g., surveys, promotions, events or signing up to receive emails about our company and products). Examples of information we collect about you may include your name, address, phone number, email address, characteristics such as your age and gender, and if you are purchasing products, payment method information such as a credit card number and expiration date.
Information Collected Automatically
Like many companies, when you visit us online, we may collect certain information automatically from your device. Some of this information may be collected through the use of various technologies, including cookies. In addition to cookies, we may use other technologies such as web beacons or pixel tags, which can be embedded in websites, videos, or emails. Examples of information collected by these various technologies may include IP address, browser type and version, operating system and platform, device type, unique device or user identification number, and geographic location. We may also collect information about how you have interacted with our website, including the pages accessed, links clicked, products and/or content you searched for, date, time and length of visits, and page interactions.
Information from Connected Products
Connected products that we manufacture may collect information about your use of the products. Examples of information collected may include when they are used and for how long and any application errors.
Information Provided by Third Party
You may choose to provide information to a third party through with you access or interact with our website. Third parties may include service providers, social networks connected to our website, and advertising partners. Examples of information collected may include identifiers including your user ID and user name associated with that third party, as well as any information you make public using that third party. We may also collect information you have authorized the third party to share with us (such as your user ID, billing information, public profile information, email address, birthday, pages you have “liked" and other account and profile data).
Use of Information
We use the information we collect from or about you to provide and improve the services, products, and experiences you receive from us, such as:
- creating and maintaining accounts;
- processing, fulfilling, and following up on orders;
- contacting and communicating with you, including for promotions, updates, and notifications;
- administering surveys, sweepstakes, contests, and other promotional activities or events;
- registering products;
- customizing the advertising you view and evaluating how well the advertising performs;
- customizing recommendations;
- operating and optimizing our business and products, such as by conducting analytics and research;
- compiling aggregate data for internal and external business purposes;
- detecting security incidents, preventing potentially fraudulent, illegal or harmful activities and otherwise enforcing our Terms of Use and other policies;
- permitting the functionality of posting product reviews and questions and answers about products;
- protecting your and our rights and complying with legal obligations;
- other uses in accordance with our Terms of Use; and
- any other purpose that is disclosed to you at the time we collect the information or that is related to a request made by you.
Sharing Information
We may share information collected from or about you with others, including service providers, advertisers, and other companies that are not affiliated with us, for the purposes described below.
Service Providers.
Char-Broil may share information collected from or about you with companies that provide services to us, including shipping and logistics companies, name and address verification providers, ad networks, security and fraud prevention providers, hosting and other technology and communications providers, analytics providers, market research providers, marketing service providers, email distribution companies, customer relationship management service providers and staff augmentation and contract personnel. The categories of information that we share with service providers will vary depending on the types of services they provide. For example, we share payment information with our third party payment processor to assist us in our billing efforts, email addresses with our marketing service providers to assist with our email campaigns, and IP address, hashed emails, and advertising identifiers with service providers to assist in our advertising and marketing efforts.
Parent Corporation and Affiliate Companies.
Char-Broil is a subsidiary entity. We may share your information with our parent company or affiliate business units to facilitate business requirements. The categories of information that we share with service providers will vary depending on the requirement being satisfied. For example, we share order and customer information as needed for data processing and storage, making decisions about business strategy, auditing and IT purposes.
Business Transfers.
Char-Broil reserves the right to transfer all of your information if we sell all or part of our business, make a transfer of assets, or otherwise might be involved in a change of control transaction, or in the event of bankruptcy, we may transfer information from or about you to one or more third parties as part of the transaction, including the due diligence process.
Third Parties When Required By Law or When Necessary to Protect Your or Our Rights.
In some instances, Char-Broil, we may disclose information from or about you without providing you a choice. For example, we may disclose your information in the following ways: to protect our legal rights, including those of our affiliates or partners; to protect the safety and security of our customers and consumers or third parties; to enforce our Terms of Use; to protect against fraud; and to comply with or respond to the law or legal process or a request for cooperation by a government entity, whether or not legally required.
Parties with Your Consent or When You Otherwise Choose to Share.
We may also share information from or about you with any party when we have your consent or when you otherwise choose to share such information.
Third Party Links
We provide links to other websites which are not operated and controlled by us. We have no control over and are not responsible for the content of those sites or how the third parties responsible for them collect and use your personal data. We do not endorse or make any representations about third party websites.
Third party websites usually have their own privacy policies explaining how they use and share your personal data. You should carefully review those privacy policies before you use these websites to make sure that you are happy with how your personal data is being collected and shared.
Security
The security of your information is important to us. We use a variety of physical, technical, and administrative measures to safeguard information in our possession against loss, theft and unauthorized use, disclosure, and modification. For example, we take steps to limit access to sensitive information from or about you to those Char-Broil employees, agents, and contractors who have a legitimate business reason to access such information.
Unfortunately, no measures can be guaranteed to provide 100% security, and there is always a possibility that a breach may occur.
Children
Char-Broil does not sell products for purchase by children. We do not knowingly collect personal information from children under the age of 13 without the consent of the child’s parent or guardian.
Questions, Comments and Feedback
If you have any questions, comments or feedback about this Privacy Notice, please do not hesitate to contact us at:
Privacy Team
P.O. Box 140
Columbus, GA 31902
DISCLOSURES FOR CALIFORNIA RESIDENTS
If you are a California resident, please click here for further disclosures.
Messaging Privacy
This Messaging Program Privacy Policy explains how Char-Broil, LLC collects and uses information about you in relation to its text message marketing program (the “Messaging Service”). We use Attentive to provide the Messaging Service to you. For the purposes of the Messaging Service, Attentive acts as our service provider and data processor of your information.
COLLECTION OF INFORMATION
We collect various information on our behalf from and about you, including information you directly provide when you use the Messaging Service. For example, we collect the phone number and email address you provided when signing up for the Messaging Service. When you send messages via the Messaging Service, we will also collect your messaging history and any information included in those messages.
We may also collect information about you using cookies or similar technologies. Cookies are pieces of information that are stored by your browser on the hard drive or memory of your device. Cookies enable personalization of your experience on the Messaging Service (e.g., sending you personalized text messages such as shopping cart reminders).
If you participate in a contest, sweepstakes, research study, or email survey associated with the Messaging Service, we will collect basic contact information and any other information you choose to provide in connection with these activities. We will also collect your contact information if you contact us with questions about the Messaging Service or for customer service.
USE OF INFORMATION
We use your information to deliver, analyze, maintain and support the Messaging Service. We may also use your information to enhance the Messaging Service features and customize and personalize your experiences on the Messaging Service.
SHARING OF INFORMATION
We may share, transfer, or disclose your information, if you consent to us doing so, as well as in the following circumstances:
- Service Providers. We may share your information with third parties to help us provide the Messaging Service to you.
- Legal Requirement and Protection of Attentive and Others. We may disclose your information as we believe such disclosure is necessary or appropriate to: (i) comply with applicable law and legal processes; (ii) respond to requests from public and government authorities, including public and government authorities outside your country of residence; (iii) enforce a contract with us; (iv) protect our rights, privacy, safety, or property, and/or that of our affiliates, you or others; and (v) allow us to pursue available remedies or limit the damages that we may sustain.
From time to time, we may share aggregate or de-identified information about use of the Messaging Service and such aggregated or de-identified information may be shared with any third party, including advertisers, promotional partners, and sponsors.
PROTECTION OF INFORMATION
We take a variety of physical, technical, administrative, and organizational security measures based on the sensitivity of the information we collect to protect your information against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure or access. Unfortunately, no online activity can be guaranteed to be 100% secure. While we strive to protect your information against unauthorized use or disclosure, we cannot ensure or warrant the security of any information you provide. We do not accept liability for unintentional disclosure.
RETENTION OF INFORMATION
We retain your information for as long as you participate in the Messaging Service or as needed to comply with applicable legal obligations. We will also retain and use your information as necessary to resolve disputes, protect us and our customers, and enforce our agreements.
CHOICES AND CONTROLS
Consent to receive automated marketing text messages is not a condition of any purchase. You can opt-out of receiving further commercial text messages via the Messaging Service by responding to any of our text messages with any of the following replies: STOP, END, CANCEL, UNSUBSCRIBE, or QUIT. For additional opt-out information, please review our Messaging Terms.
CUSTOMER CARE
If you are experiencing any problems with the Messaging Service, please visit https://support.attentivemobile.com/help/ and submit the form with details about your problem or your request for support, or email support@attentivemobile.com.
MAIN PRIVACY NOTICE
By signing up to receive text messages from us, you also agree to our main Privacy Notice.
MESSAGING TERMS
You agree to receive recurring automated promotional and personalized marketing text (e.g., SMS and MMS) messages (e.g. cart reminders) from Char‑Broil, LLC, including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. Consent to receive automated marketing text messages is not a condition of any purchase. Msg & Data rates may apply.
Message frequency will vary. Char‑Broil, LLC reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. Char‑Broil, LLC also reserves the right to change the short code or phone number from which messages are sent and we will notify you when we do so.
Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. Char‑Broil, LLC, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages.
You also agree to our Char‑Broil, LLC Terms of Use and Char‑Broil, LLC Privacy Notice.
We are able to deliver messages to the following mobile phone carriers: Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless).
CANCELLATION
Text the keyword STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode to cancel. After texting STOP, END, CANCEL, UNSUBSCRIBE or QUIT to our shortcode you will receive one additional message confirming that your request has been processed. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands and agree that Char‑Broil, LLC and its service providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from Char‑Broil, LLC through any other programs you have joined until you separately unsubscribe from those programs.
HELP
Text the keyword HELP to our shortcode to return customer care contact information.
CUSTOMER CARE
If you are experiencing any problems, please visit visit https://support.attentivemobile.com/help/ and submit the form with details about your problem or your request for support, or email support@attentivemobile.com.
CONTACT
This message program is a service of Char‑Broil, LLC, located at 1442 Belfast Avenue, Columbus, Georgia 31904.
DISPUTE RESOLUTION
- General. In the interest of resolving disputes between you and Char‑Broil, LLC in the most expedient and cost effective manner, you and Char‑Broil, LLC agree that any dispute arising out of or in any way related to these messaging terms and conditions ("Messaging Terms") or your receipt of text messages from Char‑Broil, LLC or its service providers will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or in any way related to these Messaging Terms, or your receipt of text messages from Char‑Broil, LLC or its service providers whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of when a claim arises. YOU UNDERSTAND AND AGREE THAT, BY AGREEING TO THESE MESSAGING TERMS, YOU AND CHAR‑BROIL, LLC ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT THESE MESSAGING TERMS SHALL BE SUBJECT TO AND GOVERNED BY THE FEDERAL ARBITRATION ACT.
- Exceptions. Notwithstanding subsection (a) above, nothing in these Messaging Terms will be deemed to waive, preclude, or otherwise limit the right of you or Char‑Broil, LLC to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in aid of arbitration from a court of competent jurisdiction; or (iv) file suit in a court of law to address an intellectual property infringement claim.
- Arbitrator. Any arbitration between you and Char‑Broil, LLC will be governed by the Federal Arbitration Act and the Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Messaging Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Char‑Broil, LLC. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
- Notice; Process. If you or Char‑Broil, LLC intends to seek arbitration, then the party seeking arbitration must first send a written notice of the dispute to the other party by U.S. Mail ("Notice"). Char‑Broil, LLC address for Notice is: 1442 Belfast Avenue, Columbus, Georgia 31904, Attn: Chief Executive Officer. The Notice must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought ("Demand"). You and Char‑Broil, LLC will make good faith efforts to resolve the claim directly, but if you and Char‑Broil, LLC do not reach an agreement to do so within 30 days after the Notice is received, you or Char‑Broil, LLC may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Char‑Broil, LLC must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. (e) Fees. If you commence arbitration in accordance with these Messaging Terms, Char‑Broil, LLC will reimburse you for your payment of the filing fee, unless your claim is for more than $15,000 or as set forth below, in which case the payment of any fees will be decided by the AAA Rules. If the claim is for $15,000 or less, you may choose whether the arbitration will be conducted: (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephone hearing; or (iii) by an in-person hearing as established by the AAA Rules. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Char‑Broil, LLC for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. You and Char‑Broil, LLC agree that such written decision, and information exchanged during arbitration, will be kept confidential except to the extent necessary to enforce or permit limited judicial review of the award. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from you or Char‑Broil, LLC made within 14 days of the arbitrator's ruling on the merits.
- No Class Actions. YOU AND CHAR‑BROIL, LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Char‑Broil, LLC agree otherwise in a signed writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
- Modifications to this Arbitration Provision. Notwithstanding anything to the contrary in these Messaging Terms, if Char‑Broil, LLC makes any future change to this arbitration provision, other than a change toChar‑Broil, LLC address for Notice, you may reject the change by sending us written notice within 30 days of the change to Char‑Broil, LLC address for Notice, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and Char‑Broil, LLC.
- Enforceability. If an arbitrator decides that applicable law precludes enforcement of any of the limitations of subsection (f) above (addressing class, representative and consolidated proceedings) as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and brought in court. If any other provision of these Messaging Terms is found to be unenforceable, the applicable provision shall be deemed stricken and the remainder of these Messaging Terms shall remain in full force and effect.