Privacy policy for the use of our APP
Introduction
We, Char-Broil Europe GmbH, Gasstraße 4c, 22761 Hamburg, Germany, respect the privacy of the users of our app (hereinafter also referred to as "you" or "your").
We take the protection of your personal data very seriously and the purpose of this document is to inform you about data protection practices when using our app.
Definitions
"Personal data" (Article 4 (1) GDPR) means any information relating to an identified or identifiable natural person ("data subject"). A person is identifiable if they can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier, etc.
"Processing" (Article 4 (2) GDPR) means any operation which is performed on personal data, whether or not by automated means, such as collection, recording, storage, retrieval, consultation, use and disclosure.
"Controller" (Article 4 (7) GDPR) means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data.
"Processor" (Article 4 (8) GDPR) means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller (e.g. IT service provider).
Controller for the processing of personal data when using the app
The controller within the meaning of the General Data Protection Regulation (GDPR) is
Char-Broil Europe GmbH,
Gasstraße 4c,
22761 Hamburg,
Germany
Represented by the managing directors: Frerk Petersen / Thomas Penner / Steve B. Dean
Register court: Amtsgericht (local court) Hamburg HRB 140126
+49 (0)40 360 224 000
Email: consumersupport@charbroil.eu
You can contact our data protection officer by post at the above address or by email at: jpeemoellerexternal@charbroil.com
Processing of YOUR PERSONAL DATA, purpose of processing and legal basis
Downloading our app
When you download our app, certain personal data required for this purpose are transmitted to the relevant app store (e.g. Apple App Store or Google Play), including your email address, user name, customer number of the downloading account, individual device identification number and the time of the download.
We have no control over the collection and processing of this data, as it is carried out exclusively by the app store of your choice. Accordingly, we are not responsible for this collection and processing; the responsibility for this lies solely with the relevant app store, where you will find the relevant data protection information.
Using our app
Data required to use the app
When you use our app, we process data that is required to use the app, including:
· Device information, such as the IP address, device ID, device type, device-specific settings and app settings as well as app properties, the date and time of access, time zone, the amount of data transferred, and a report on whether the data exchange was complete, app crashes, type of browser, and operating system, language preferences.
· Information you provide to us to register and identify you as a user of the app, such as your name, user ID, and email address.
· You can also provide voluntary information, such as the country of origin. We use this data to provide you with services such as offering recipes from your region.
· To use the app, your barbecue must be connected to the app. For example, you can use recipes and the help provided by the app when using the barbecue. For example, we process the following data (also depending on the features you choose to use): the ID of your barbecue and your user ID, the barbecue session ID along with the time of the barbecue and the recipe you used (including the recipe language), barbecue zones used, temperature data to control the temperature through the app, the maximum temperature reached by the barbecue, the average temperature, region.
The personal data mentioned above is processed for the purpose of enabling you to use the app and its features. The legal basis for data processing is Article 6 (1) (b) GDPR.
Based on our legitimate interest
In the app, you have the option to enter data such as your postal address, including the region in which you live. We may use this data and the name and email address you provide for marketing purposes to promote our own products and services related to your barbecue experience. We do not create user profiles based on your personal information, but we may use aggregated data, such as "regions," to provide all users in a particular region with specific information about our products and services. The use of your email address for marketing purposes is contingent upon you not having objected to this type of use. In addition, we are required to inform you when collecting the email address and with each use clearly and explicitly that you have the right to object to the use of the email for marketing purposes at any time without incurring any costs other than the standard transmission charges. The legal basis for this is Article 6 (1) (f) GDPR and our legitimate interest is to expand our business operations.
Based on your consent
In some cases, we also process personal data based on your consent to the processing for the specific purpose. The legal basis for this is Article 6 (1) (a) GDPR This is the case, for example, if you log into our app through Facebook using the button provided for this purpose. If you log in using this button, you will be automatically redirected to the Facebook platform, linking your Facebook account with the app, so that in future you will only need to log in through Facebook. The provider of the service is Meta Inc., domiciled in the USA or, for the European Union, Meta Platforms Ireland Limited, Merrion Road, Dublin 4, Ireland (hereinafter referred to as "Facebook").
In addition to the data required to log in, Facebook also provides us with other personal data about you, such as your profile details marked as public on Facebook, i.e. name, surname, address, nickname, profile pictures, friends list, Facebook ID, birthday, country, language, etc. Facebook may also collect data about your use of our app and use it to create profiles for advertising purposes. We have no control over how Facebook uses such data. For more information, please visit https://de-de.facebook.com/privacy/policy/. We only use the data provided to us by Facebook that is necessary for logging in, such as your name, email address, the assigned identifier, and language.
Facebook stores the data on a server in the USA. Companies belonging to the Facebook Group can access the data and, under US law, US authorities may also have access to it in certain cases. Facebook may also transfer this data to other countries outside the EU or the EEA that do not have a level of data protection comparable to that in the EU. You can find more information at the link listed above.
If you wish to remove the connection between your Facebook account and our app, you must do so in your Facebook account settings. You can find more information at the link shown above.
For any processing of your personal data outside the Facebook login, which is based on your separately given consent, you will find further information on this in connection with this consent.
Obligation to provide personal data
You are not under any legal or contractual obligation to provide us with your personal data. The download and use of the app is entirely voluntary. However, certain personal data, such as your name and email address, must be provided to register and use the app. We also need to collect and process specific personal data when using the app (as described above under "Using the app"), as otherwise you will not be able to use the app's functions and features.
Change of purpose
Your personal data will only be processed for purposes other than those described above if this is permitted by law, or if you have given your consent to the change of purpose of data processing.
In the event of further processing for a purpose other than that for which the data was originally collected, we will inform you of this other purpose prior to further processing and provide you with all other relevant information.
DISCLOSURE OF YOUR DATA
As a matter of principle, we do not disclose your personal data to third parties. However, we do engage service providers as processors who assist us in processing the data and making the app available. These service providers process your personal data based on a data processing agreement in accordance with the GDPR provisions and on our instructions.
Such service providers may also be located in countries outside the European Union or the European Economic Area.
The European Commission recognises certain countries as providing adequate level of data protection comparable to the EU or European Economic Area standard through adequacy decisions (you can find a list of these countries and a copy of the adequacy decisions here: https://ec.europa.eu/info/law/law-topic/data-protection/international-dimension-data-protection/adequacy-decisions_en).
In other third countries to which personal data may be transferred, there may not be a consistently high level of data protection in the absence of an adequate legal framework. If this is the case, we use the standard contractual clauses issued by the European Commission, which provide appropriate safeguards in accordance with Article 44 GDPR that there is an adequate level of data protection for personal data. Based on the standard contractual clauses of 2021 for the processing of your personal data when using our app, we use our parent company, W.C. Bradley Co., located in the US. You can access the 2021 standard contractual clauses at https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32021D0915&locale-en. For more information, please contact our data protection officer (see information in the section "Controller for the processing of personal data when using the app" above).
Duration of storage
In principle, your personal data, which we store based on your consent in accordance with Article 6 (1) (a) GDPR will be erased when you withdraw your consent, unless this conflicts with statutory retention obligations or another legal basis permits or requires further storage. Your personal data that we process on another legal basis will only be stored for as long as it is required for the purpose for which the data was collected, unless this conflicts with statutory retention obligations or another legal basis permits further storage.
PROTECTION OF YOUR DATA
We use appropriate technical and organisational measures to protect your personal data against accidental or intentional manipulation, partial or complete loss, destruction or against unauthorised access by third parties, taking into account the state of the art, the implementation costs and the nature, scope, context and purpose of the processing as well as the existing risks of a data breach. Our technical and organisational measures are regularly updated to bring them in line with the latest technology standards.
CHANGES TO THIS PRIVACY POLICY
As part of the ongoing development of data protection law and technological or organisational changes, our data protection information is regularly reviewed to determine whether it needs to be updated or supplemented. We will inform you of any changes.
No automated decision-making (including profiling)
We do not use the personal data collected from you for automated decision-making purposes or to create user profiles.
Your rights
Right of access
In accordance with Article 15 GDPR, you have the right to obtain from us confirmation as to whether personal data concerning you are being processed and, where this is the case, access to the personal data.
Right to object to data processing and to withdraw consent
Under the conditions set out in Article 21 GDPR, you have the right to object to the processing of personal data concerning you at any time on the grounds arising from your particular situation, provided that this processing is carried out based on your legitimate interest (Article 6 (1) (f) GDPR). We will then no longer process your personal data, unless we can demonstrate compelling reasons for the processing worth protecting, which prevail over your interests, rights and freedoms, or the processing serves to enforce, exercise or defend legal claims.
In accordance with Article 7 (3) GDPR, you have the right to withdraw your consent to the processing of your personal data at any time. As a result, we will no longer be allowed to process data based on this consent going forward. The withdrawal of consent will not affect the lawfulness of processing based on consent before its withdrawal.
Right to rectification
Under the conditions set out in Article 16 GDPR, you have the right to demand that we rectify without undue delay any inaccurate personal data concerning you that we process.
Right to erasure
Under the conditions set out in Article 17 GDPR, you have the right to request the erasure of personal data concerning you. In particular, you have the right to erasure if
· the data in question are no longer necessary in relation to the purposes for which they were collected or otherwise processed,
· the retention period has elapsed,
· You have successfully objected to the processing or
· the processing is unlawful.
Right to restriction of processing
Under the conditions set out in Article 18 GDPR, you have the right to demand that we restrict the processing of your personal data. In particular, you have the right to restrict processing if
· the accuracy of the personal data is disputed between you and us,
· the successful exercise of a right of objection is still disputed between you and us, or
· You have the right to request erasure and you request restricted processing instead of erasure.
Right to data portability
Under the conditions set out in Article 20 GDPR, you have the right to receive the personal data concerning you and provided to us, where the processing is based on your consent (Article 6 (1) (a) GDPR) or on a contract to use of the app or to implement pre-contractual measures at your request, in a structured, commonly used and machine-readable format. You may also, where technically feasible, request that we make this data available to other controllers.
Exercise of the aforementioned rights
If you wish to exercise one of your aforementioned rights, you can contact us informally using the contact details provided above in the section "Controller for the processing of personal data when using the app".
Right to lodge a complaint with the supervisory authority
In accordance with Article 77 GDPR, you also have the right to lodge a complaint with the competent supervisory authority about the collection and processing of your personal data.
The competent supervisory authority is: Hamburg Commissioner for Data Protection and Freedom of Information You can reach the authority using the following contact details: The Hamburg Commissioner for Data Protection and Freedom of Information, Ludwig-Erhard-Str. 22, 20459 Hamburg, email: mailbox@datenschutz.hamburg.de.
CHANGES TO THIS PRIVACY NOTICE APP
Char-Broil reserves the right to modify this Privacy Notice App from time to time. Any and all changes to the Privacy Notice App will be reflected on this page and will apply only to information collected after such time as the revision takes effect. We encourage you to frequently check this page for any changes to our Privacy Notice App.
This Privacy Notice App is effective as of and was last updated on July 24, 2024.