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Notice to California Residents

Notice to California Residents

This California Privacy Notice is updated and effective as of September 19, 2024.

 

This California Privacy Notice supplements the information contained in the Privacy Policy of BBQGuys and applies only to California residents regarding their Personal Information, as required by the California Consumer Privacy Act of 2018 (CCPA), the California Privacy Rights Act of 2020 (CPRA), and any implementing regulations adopted thereunder. Any terms (including defined capitalized terms) used in this California Privacy Notice have the same meanings given in the CCPA, CPRA, and the associated regulations, unless otherwise defined.

Your Rights and Choices

California Consumers have the right to request: (1) that we disclose to you what Personal Information we collect, use, disclose, share and sell, including the right to request that we provide to you the categories and specific pieces of Personal Information we have collected about you (Right to Know); (2) that we delete the Personal Information we collect about you (Right to Delete); (3) that we correct inaccurate Personal Information we hold about you (Right to Correct), (4) to opt-out from the sharing of your Personal Information and Sensitive Personal Information to a third party for cross-context behavioral advertising (i.e., targeted advertising) (Right to Opt-Out of Sharing), (5) to opt-out from the sale of their Personal Information and Sensitive Personal Information (Right to Opt-Out of Sale), and (6) that we limit the use or disclosure of your Sensitive Personal Information to purposes set forth in the statute, including that use which is necessary and anticipated to perform the services or provide the goods reasonably expected by an average consumer who requests those goods or services (Right to Limit the Use and Disclosure of Sensitive Personal Information), all subject to the meanings and exceptions set forth in the CCPA and CPRA. More information on each of these rights is below.

In your request, you must provide enough information to allow us to verify that you are the person about whom we collected personal information, or their authorized representative. You must also describe your request with enough detail so that we can understand, evaluate, and respond to it.

Verifying Your Requests

We will take reasonable steps to verify your identity based upon the information you provide and the type of request you are making.

When you exercise your Right to Know, Right to Delete, and/or Right to Correct, we may ask that you provide us with information, beyond your full name and email address in order to verify your identity and fulfill your request. If we are unable to verify that the individual submitting the request is the same individual about whom we have collected information (or someone authorized by that individual to act on their behalf), we will not be able to process the request. Pursuant to the CPRA, we will not require you to verify your identity, beyond asking for the information necessary to complete your request, when you exercise your Right to Opt-Out of Sharing, Right to Opt-Out of Sale, or Right to Limit the Use and Disclosure of Sensitive Personal Information.

Authorized Agents

If you are an authorized representative submitting a request on a California Consumer’s behalf, please submit the applicable request pursuant to these instructions. We require proof that you are authorized to submit the request. Please provide proof in the form of a written permission signed by the individual who is the subject of the request authorizing you to make the request on their behalf. The written permission must state your full legal name, the full legal name of the individual who is the subject of the request and needs to be clear about the permission granted. Alternatively, you may submit a copy of a power of attorney under Probate Code sections 4000-4465. Please also indicate the nature of your request. The consumer’s identity may need to be independently verified in order for us to be able to fulfill your request. We may also ask the consumer to directly confirm with us that they provided you permission to submit a request. Please keep in mind that if we do not receive adequate proof that you are authorized to act on the consumer’s behalf, we may deny the request.

Right to Know

California Consumers have the right to know what information we have collected about you (the categories and the specific pieces of information).

If you are a California Consumer and would like to exercise your Right to Know, please email us, by phone by calling us at 888-8901-7188.

In order to have us provide specific pieces of information, we may require a signed declaration under penalty of perjury that you are the consumer whose Personal Information is the subject of the request.

Right to Delete

California Consumers have the right to request that we delete any of the personal information we have collected from you. If you are a California Consumer and would like to exercise your Right to Delete, please email us, by phone by calling us at 888-890-7188 , or by emailing us at amstore@barsandplay.com

Please note that as part of the verification process, once you submit a request to delete, we may follow up and require you to confirm that you want your information deleted.

Right to Correct Inaccurate Information

California Consumers have the right to request that we correct inaccurate information we hold about you. If you are a California Consumer and would like to exercise your Right to Correct, please submit your request online, by phone by calling us at 888-890-7188 or by emailing us at amstore@barsandplay.com

Right to Limit the Use and Disclosure of Sensitive Personal Information Under the CPRA Regulations, a business must only provide the Right to Limit the Use and Disclosure of Sensitive Personal Information when such information is collected or processed for the purpose of inferring characteristics about a consumer, or its use does not fall within the list of exceptions outlined in CPRA § 1798.121. Barsandplay use and disclosure of Sensitive Personal Information is not for such purposes and/or falls within this list of exceptions and we, therefore, do not offer such opt-out right at this time.

Do Not Sell or Share

Right to Opt-Out of Sale of Personal Information or Sharing for Cross-Context Behavioral Advertising

California Consumers have the right to opt-out of the sale of your Personal Information or Sensitive Personal Information. California Consumers also have the right to opt-out of the sharing of your Personal Information or Sensitive Personal Information to a third party for cross-context behavioral advertising (i.e., targeted advertising), whether or not for monetary or other valuable consideration. If you are a California Consumer and would like exercise your Right to Opt-Out of Sale or Sharing, please email us, or call us at 888-890-7188. Please note, submitting your request by phone or web form will only opt you out of offline sale and sharing practices.

BBQGuys engages in online advertising practices (and certain analytics or similar activities), which may be considered a sale or share for cross-context behavioral advertising as defined in the CCPA and CPRA. To disable online sharing through cookies set by 3rd parties that may be considered sales or sharing under the CCPA and CPRA, use our tool by clicking Manage My Cookies in the footer of the website.

In addition, the Digital Advertising Alliance also offers tools for California consumers to send requests under the CCPA and CPRA to opt out of the sale of personal information by some or all of the participating companies. For more information, visit https://www.privacyrights.info/.

“Do Not Track” and “Global Privacy Control” Signals

Do Not Track signals or other mechanisms that provide a method to opt out of the collection of information over time and across third-party websites are currently under development. For more information about do not track, visit www.allaboutdnt.org.

Global Privacy Control (“GPC”) is a technical specification in your browser settings that you can use to automatically inform websites of your privacy preferences with regard to third party online tracking. To find out more about and set up GPC, please visit https://globalprivacycontrol.org/#about.

Data Retention

We will retain all categories of personal information described in this California Privacy Notice for as long as you use our Services, until you request its deletion, or as necessary for the purposes for which it was collected, to provide our Services, resolve disputes, establish legal defenses, conduct audits, pursue legitimate business purposes, enforce our agreements, prevent fraud, and comply with applicable laws.

Users Younger Than 18

BBQGuys does not knowingly collect or sell Personal Information of users younger than 18 years of age.

Right to Non-Discrimination for the Exercise of a Consumer’s Privacy Rights

California consumers have the right to not receive discriminatory treatment for exercising CCPA and CPRA rights. We will not discriminate against you for exercising any of your CCPA and CPRA rights.

Notice of Financial Incentive

Under California regulation, certain aspects of our loyalty and similar programs (Rewards Program, Pro Program), which provide benefits to consumers, may be considered a financial incentive program. We collect personal information from you in connection with our loyalty program, e.g., contact information (name, email address), commercial information (like purchase history and wishlists), and business information (business type, company name) for a number of reasons, including to administer the program, verify your identity, contact you with regard to your account (if any), to provide the benefits to you, to better serve you, for security and legal purposes, and to fulfill your requests associated with the program.

To opt into our loyalty or similar programs, as set forth herein you will need to provide certain information, register for an account and agree to the applicable program terms, or otherwise follow the instructions associated with the loyalty or other similar programs. Participation in our loyalty or other similar programs is voluntary and you can withdraw at any time. To withdraw from the loyalty or other programs, please email amstore@barsandplay.com

To the extent that we provide programs that may be considered a financial incentive because the program is directly or reasonably related to the collection, deletion or retention of consumer personal information, the value is reasonably related to the overall value we receive from the personal information participants provide specific to the program minus the costs and expenses we incur in providing the program.

How We Collect, Use, and Share Personal Information

The Personal Information we collect about you will depend upon how you use our Services or otherwise interact with us. Accordingly, we may not collect all of the below information about you. In addition to the below, we may collect and/or use additional types of information and will do so after providing notice to you and obtaining your consent to the extent such notice and consent is required by the CCPA and CPRA.

Category of Personal Information Collected Categories of Sources from which the Information was Collected Business or Commercial Purpose(s) for which Information is Collected Categories of Third Parties to whom this type of Personal Information is Disclosed for a Business Purpose Categories of Third Parties to Whom this Type of Personal Information is Shared or Sold

Identifiers (such as name, email address, contact information, IP address, user name, Customer ID, online identifiers)

We may collect this type of information from:

  • You

  • Affiliated Companies

  • Third party business partners such as analytics providers, advertising networks, joint marketing partners

  • Third party social media companies

  • Cookies and Tracking Technologies

We may use this type of information to:

  • to provide the Services to you and allow you to participate in the features the Services offer, including to register your account, manage our rewards program, pro program and affiliate marketing program;

  • to fulfill, track, and recover your orders, including processing your financial information and payment methods to complete your transactions;

  • to customize and optimize our content for you, such as recommendations, promotions, and advertisements we display to you both when you use the Services and elsewhere online;

  • to provide information on products or services we think you may be interested in, including special offers and promotions;

  • to recognize you across our Services and across your devices;

  • to improve and monetize the Services, which may include tracking traffic, usage, trends and navigation patterns related to your activities on the Services and appending third-party data to your information;

  • to contact you to respond to your questions, feedback, or requests, or to provide you with support;

  • to communicate with you about the services, content, features or products you use or request, including to provide you with information concerning changes to the Services which may affect your account and/or your use of the Services, or in our discretion, changes to our policies;

  • to respond to subpoenas, court orders or legal process, or to establish or exercise our legal rights or defend against legal claims;

  • for internal business purposes, including to verify your identity, prevent fraud or other illegal activity, to prevent imminent bodily harm, or to protect ourselves and you from people violating our Terms of Service, or otherwise to protect our or third-party rights or interests, which may include sharing information with other companies, lawyers, courts, or other government entities; and

  • in any other way we describe when you provide the information, or otherwise with your prior consent.

We may disclose this type of information to:

  • Affiliates

  • Service Providers

  • Third party business partners

  • Third parties or affiliated companies when you agree to or direct that we share your information with them.

  • Third parties who may acquire your information as a result of a merger, acquisition or otherwise ownership transition.

  • Law enforcement, government entities, or others if required by law or in connection with court proceedings (such as pursuant to subpoenas or court orders);

  • Third parties we partner with for contests, sweepstakes, or promotions;

  • Third party advertising and analytics companies

Third party advertising, analytics, and other business partners may have access to this data, including to better serve you more relevant advertisements, and this may be considered a sale or share under the CCPA and CPRA under certain circumstances.

Any categories of Personal Information described in subdivision (e) of Section 1798.80 (such as name, address, phone number, Company Name, Company Website, Business Type/model, and other categories of information classified as “personal” under this California law)

Note: information in this category may overlap with other categories.

We may collect this type of information from:

  • You

  • Affiliated Companies

  • Third party business partners, such as analytics providers, advertising networks, joint marketing partners

  • Third party social media companies

  • Cookies and Tracking Technologies

We may use this type of information to:

  • to provide the Services to you and allow you to participate in the features the Services offer, including to register your account, manage our rewards program, pro program and affiliate marketing program;

  • to fulfill, track, and recover your orders, including processing your financial information and payment methods to complete your transactions;

  • to customize and optimize our content for you, such as recommendations, promotions, and advertisements we display to you both when you use the Services and elsewhere online;

  • to provide information on products or services we think you may be interested in, including special offers and promotions;

  • to recognize you across our Services and across your devices;

  • to improve and monetize the Services, which may include tracking traffic, usage, trends and navigation patterns related to your activities on the Services and appending third-party data to your information;

  • to contact you to respond to your questions, feedback, or requests, or to provide you with support;

  • to communicate with you about the services, content, features or products you use or request, including to provide you with information concerning changes to the Services which may affect your account and/or your use of the Services, or in our discretion, changes to our policies

  • to respond to subpoenas, court orders or legal process, or to establish or exercise our legal rights or defend against legal claims;

  • for internal business purposes, including to verify your identity, prevent fraud or other illegal activity, to prevent imminent bodily harm, or to protect ourselves and you from people violating our Terms of Service, or otherwise to protect our or third-party rights or interests, which may include sharing information with other companies, lawyers, courts, or other government entities; and

  • in any other way we describe when you provide the information, or otherwise with your prior consent.

We may disclose this type of information to:

  • Affiliates

  • Service Providers

  • Third party business partners

  • Third parties or affiliated companies when you agree to or direct that we share your information with them.

  • Third parties who may acquire your information as a result of a merger, acquisition or otherwise ownership transition.

  • Law enforcement, government entities, or others if required by law or in connection with court proceedings (such as pursuant to subpoenas or court orders);

  • Third parties we partner with for contests, sweepstakes, or promotions;

  • Third party advertising and analytics companies

Third party advertising, analytics, and other business partners may have access to this data, including to better serve you more relevant advertisements, and this may be considered a sale or share under the CCPA and CPRA under certain circumstances.

Commercial information (such as records of products or services purchased, obtained, or considered, or other purchasing/consuming tendencies)

We may collect this type of information from:

  • You

  • Affiliated Companies

  • Third party business partners

  • Cookies and Tracking Technologies

We may use this type of information to:

  • to provide the Services to you and allow you to participate in the features the Services offer, including to manage our rewards program, pro program and affiliate marketing program;

  • to fulfill, track, and recover your orders, including processing your financial information and payment methods to complete your transactions;

  • to customize and optimize our content for you, such as recommendations, promotions, and advertisements we display to you both when you use the Services and elsewhere online;

  • to provide information on products or services we think you may be interested in, including special offers and promotions;

  • to recognize you across our Services and across your devices;

  • to improve and monetize the Services, which may include tracking traffic, usage, trends and navigation patterns related to your activities on the Services and appending third-party data to your information;

  • to recognize you across our Services;

  • for internal business purposes, including to verify your identity, prevent fraud or other illegal activity, to prevent imminent bodily harm, or to protect ourselves and you from people violating our Terms of Service, or otherwise to protect our or third-party rights or interests, which may include sharing information with other companies, lawyers, courts, or other government entities.

  • in any other way we describe when you provide the information, or otherwise with your prior consent.

We may disclose this type of information to:

  • Affiliates

  • Service Providers

  • Third party business partners

  • Third parties or affiliated companies when you agree to or direct that we share your information with them.

  • Third parties who may acquire your information as a result of a merger, acquisition or otherwise ownership transition.

  • Law enforcement, government entities, or others if required by law or in connection with court proceedings (such as pursuant to subpoenas or court orders);

  • Third parties we partner with for contests, sweepstakes, or promotions;

  • Third party advertising and analytics companies

Third party advertising, analytics, and other business partners may have access to this data, including to better serve you more relevant advertisements, and this may be considered a sale or share under the CCPA and CPRA under certain circumstances.

Geolocation Information

WWe may collect this type of information from:

  • You

  • Cookies and Tracking Technologies

We may use this type of information to:

  • to provide the Services to you and allow you to participate in the features the Services offer, including to register your account;

  • to fulfill, track, and recover your orders, including processing your financial information and payment methods to complete your transactions;

  • to customize and optimize our content for you, such as recommendations, promotions, and advertisements we display to you both when you use the Services and elsewhere online;

  • to recognize you across our Services and across your devices;

  • to provide information on products or services we think you may be interested in, including special offers and promotions;

  • to improve and monetize the Services, which may include tracking traffic, usage, trends and navigation patterns related to your activities on the Services and appending third-party data to your information;

  • to contact you to respond to your questions, feedback, or requests, or to provide you with support;

  • to communicate with you about the services, content, features or products you use or request, including to provide you with information concerning changes to the Services which may affect your account and/or your use of the Services, or in our discretion, changes to our policies;

  • to respond to subpoenas, court orders or legal process, or to establish or exercise our legal rights or defend against legal claims;

  • for internal business purposes, including to verify your identity, prevent fraud or other illegal activity, to prevent imminent bodily harm, or to protect ourselves and you from people violating our Terms of Service, or otherwise to protect our or third-party rights or interests, which may include sharing information with other companies, lawyers, courts, or other government entities.

  • in any other way we describe when you provide the information, or otherwise with your prior consent.

We may disclose this type of information to:

  • Affiliates

  • Service Providers

  • Third parties or affiliated companies when you agree to or direct that we share your information with them.

  • Third parties who may acquire your information as a result of a merger, acquisition or otherwise ownership transition.

  • Law enforcement, government entities, or others if required by law or in connection with court proceedings (such as pursuant to subpoenas or court orders);

We do not sell or share this Personal Information.

Internet or other electronic network activity information (such as information about the web browser and operating system you are using, the website or ad that referred you to our Site or areas of the Site that you visited.)

We may collect this type of information from:

  • Cookies and Tracking Technologies

We may use this type of information to:

  • to provide the Services to you and allow you to participate in the features the Services offer, including to manage our affiliate marketing program;

  • to customize and optimize our content for you, such as recommendations, promotions, and advertisements we display to you both when you use the Services and elsewhere online;

  • to provide information on products or services we think you may be interested in, including special offers and promotions;

  • to recognize you across our Services and across your devices;

  • to improve and monetize the Services, which may include tracking traffic, usage, trends and navigation patterns related to your activities on the Services and appending third-party data to your information;

  • to respond to subpoenas, court orders or legal process, or to establish or exercise our legal rights or defend against legal claims;

  • for internal business purposes, including to verify your identity, prevent fraud or other illegal activity, to prevent imminent bodily harm, or to protect ourselves and you from people violating our Terms of Service, or otherwise to protect our or third-party rights or interests, which may include sharing information with other companies, lawyers, courts, or other government entities.

  • in any other way we describe when you provide the information, or otherwise with your prior consent.

We may disclose this type of information to:

  • Affiliates

  • Service Providers

  • Third party business partners

  • Third parties or affiliated companies when you agree to or direct that we share your information with them.

  • Third party advertising and analytics companies.

  • Third parties who may acquire your information as a result of a merger, acquisition or otherwise ownership transition.

  • Law enforcement, government entities, or others if required by law or in connection with court proceedings (such as pursuant to subpoenas or court orders).

Third party advertising, analytics, and other business partners may have access to this data, including to better serve you more relevant advertisements, and this may be considered a sale or share under the CCPA and CPRA under certain circumstances.

Sensory Data (such as audio recordings when you contact our call center, images, video recordings and certain features such as writing product reviews)

We may collect this type of information from:

  • You

  • Third party social media companies

We may use this type of information to:

  • to provide the Services to you and allow you to participate in the features the Services offer, including to manage our rewards program, pro program and affiliate marketing program;

  • to customize and optimize our content for you, such as recommendations, promotions, and advertisements we display to you both when you use the Services and elsewhere online;

  • to provide information on products or services we think you may be interested in, including special offers and promotions;

  • to contact you to respond to your questions, feedback, or requests, or to provide you with support;

  • to communicate with you about the services, content, features or products you use or request, including to provide you with information concerning changes to the Services which may affect your account and/or your use of the Services, or in our discretion, changes to our policies;

  • to respond to subpoenas, court orders or legal process, or to establish or exercise our legal rights or defend against legal claims;

  • for internal business purposes, including to verify your identity, prevent fraud or other illegal activity, to prevent imminent bodily harm, or to protect ourselves and you from people violating our Terms of Service, or otherwise to protect our or third-party rights or interests, which may include sharing information with other companies, lawyers, courts, or other government entities.

  • in any other way we describe when you provide the information, or otherwise with your prior consent.

We may disclose this type of information to:

  • Affiliates

  • Service Providers

  • Third parties or affiliated companies when you agree to or direct that we share your information with them.

  • Third parties who may acquire your information as a result of a merger, acquisition or otherwise ownership transition.

  • Law enforcement, government entities, or others if required by law or in connection with court proceedings (such as pursuant to subpoenas or court orders).

  • Third parties we partner with for contests, sweepstakes, or promotions;

We do not sell or share this Personal Information.

Inferences drawn from any of the information identified above to create a profile about You (such as interests, preferences, characteristics, predispositions and behaviors)

We may draw these inferences ourselves or acquire them from third party business partners.

We may use this type of information to:

  • to provide the Services to you and allow you to participate in the features the Services offer, including to register your account, manage our rewards program, pro program and affiliate marketing program;

  • to fulfill, track, and recover your orders, including processing your financial information and payment methods to complete your transactions;

  • to customize and optimize our content for you, such as recommendations, promotions, and advertisements we display to you both when you use the Services and elsewhere online;

  • to provide information on products or services we think you may be interested in, including special offers and promotions;

  • to recognize you across our Services and across your devices;

  • to improve and monetize the Services, which may include tracking traffic, usage, trends and navigation patterns related to your activities on the Services and appending third-party data to your information;

  • to contact you to respond to your questions, feedback, or requests, or to provide you with support;

  • to communicate with you about the services, content, features or products you use or request, including to provide you with information concerning changes to the Services which may affect your account and/or your use of the Services, or in our discretion, changes to our policies

  • to respond to subpoenas, court orders or legal process, or to establish or exercise our legal rights or defend against legal claims;

  • for internal business purposes, including to verify your identity, prevent fraud or other illegal activity, to prevent imminent bodily harm, or to protect ourselves and you from people violating our Terms of Service, or otherwise to protect our or third-party rights or interests, which may include sharing information with other companies, lawyers, courts, or other government entities.

  • in any other way we describe when you provide the information, or otherwise with your prior consent.

We may disclose this type of information to:

  • Affiliates

  • Service Providers

     

  • Third parties or affiliated companies when you agree to or direct that we share your information with them.

  • Third parties who may acquire your information as a result of a merger, acquisition or otherwise ownership transition.

     

  • Law enforcement, government entities, or others if required by law or in connection with court proceedings (such as pursuant to subpoenas or court orders).

     

  • Third party advertising and analytics companies.

     

Third party advertising, analytics, business partners may have access to this data, including to better serve you more relevant advertisements, and this may be considered a sale or share under the CCPA and CPRA under certain circumstances.

Contact Information

If you have any questions or comments about this notice, our Privacy Statement, the ways in which we collect and use your personal information, or your choices and rights regarding such use, please do not hesitate to contact us at:

Email: amstore@barsandplay.com

Postal Address:

BBQGuys
Attn: Legal Department
8151 Airline Hwy
Baton Rouge, LA 70815

Other California Privacy Rights

California’s Shine the Light law (Civil Code Section 1798.83, also known as S.B. 27) allows California residents to request from companies conducting business in California certain information relating to third parties to which the company has disclosed certain categories of personal information during the preceding year for the third parties’ direct marketing purposes. Alternatively, the law provides that a company may comply, as BBQGuys does, by disclosing in its privacy policy that it provides consumers choice (opt in or opt out) regarding sharing personal information with third parties for those third parties’ direct marking purposes, and information on how to exercise that choice. As stated in the Privacy Policy, BBQGuys provides you choice prior to sharing your personal information with third parties for their direct marketing purposes. If you do not opt-in or if you opt-out at the time we offer that choice, we do not share your information with that identified third party for its direct marketing purposes.

If you are a California resident and you have questions about our practices with respect to sharing information with third parties for their direct marketing purposes and your ability to exercise choice, please write to us at BBQGuys, Attn: Legal Department, 8151 Airline Hwy, Baton Rouge, LA 70815. You must put the statement Your California Privacy Rights in your writing if you choose to write to us at the designated mailing address. You must include your name, street address, city, state, and zip code. We are not responsible for notices that are not labeled or sent properly, or do not have complete information.