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Privacy Notice for California Residents
Effective Date: December 19, 2022
Last Reviewed on: July, 26 2023
This Privacy Notice for California Residents (“Notice”) supplements the information contained in Weber-Stephen Products LLC’s (“Weber”) Privacy and Cookies Policy and applies solely to all visitors, users, consumers and others who reside in the State of California ("consumers" or "you"). We adopt this notice to comply with the California Consumer Privacy Act of 2018 (as amended by the California Privacy Rights Act of 2020, the “CCPA”) and any terms defined in the CCPA have the same meaning when used in this notice.
Your interactions with Weber and use of Weber Customer Service, mobile applications, promotions and websites (collectively “Applications”) result in collection of information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device ("personal information"). In particular, Weber Applications have collected the following categories of personal information from some or all of its consumers within the last twelve (12) months:
A. Identifiers. A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol (IP) address, email address, account name, driver's license number, passport number, or other similar identifiers.
B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).
A name, signature, physical characteristics or description, address, telephone number, passport number, driver's license or state identification card number, credit card number, debit card number, or any other financial information.
Some personal information included in this category may overlap with other categories.
C. Protected classification characteristics under California or federal law.
Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, sex, sexual orientation.
D. Commercial information.
Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
E. Internet or other similar network activity.
Browsing history, search history, information on a consumer's interaction with a website, application, or advertisement.
F. Geolocation data.
Physical location or movements.
G. Sensory data.
electronic, thermal, or similar information (for instance, when using temperature sensing features of certain Weber products).
H. Inferences drawn from other personal information.
Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes.
I. Sensitive Personal Information.
Social security, driver’s license, state identification card, or passport number; account log-in, financial account, debit card, or credit card number in combination with any required security or access code, password, or credentials allowing access to an account; precise geolocation; racial or ethnic origin, religious or philosophical beliefs, or union membership; the contents of a consumer’s mail, email, and text messages unless the business is the intended recipient of the communication; genetic data.
Personal information does not include:
· Publicly available information from government records.
· Deidentified, anonymized, or aggregated consumer information.
· Information excluded from the CCPA's scope, like:
· health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data;
· personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver's Privacy Protection Act of 1994.
Weber obtains the categories of personal information listed above from the following categories of sources:
· Directly from you. For example, from forms you complete as a consumer, your interactions with Customer Services, or products and services you purchase or otherwise receive from Weber.
· Indirectly from you. For example, from observing your actions on our Website and engaging in analytical analysis, or if you were to participate in consumer research regarding our products through a third party service provider of Weber.
As described in greater detail in the Privacy and Cookies Policy, we may use, share or disclose the personal information we collect for business and commercial purposes, including the following:
· To fulfill or meet the reason you provided the information.
· To provide, support, personalize, and develop our Website, products, and services.
· To create, maintain, customize, and secure your Weber ID or other online or mobile app account with us.
· To provide product and availability information, process your requests, purchases, transactions, shipments and payments and prevent transactional fraud.
· To provide you with customer support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.
· To personalize your experience on our Applications and to deliver content and product and service offerings relevant to your interests, including targeted offers and ads through our Website, third-party sites, and via email or text message (with your consent, where required by law).
· To help maintain the safety, security, and integrity of our Applications, products and services, databases and other technology assets, and business, and to allow for bug fixes and other repair.
· For testing, research, analysis, and product development, including to develop and improve our Website, products, and services.
· To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
· As described to you when collecting your personal information or as otherwise set forth in the CCPA.
· To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Weber's assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Weber about our Application users is among the assets transferred
Weber will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.
Weber may disclose your personal information to a third party for a business purpose. When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract.
We disclose your personal information with the following categories of third parties:
· Service providers.
· Data aggregators and analytics vendors.
Disclosures of Personal Information for a Business and Commercial (including sharing) Purpose
In the preceding twelve (12) months, Weber has disclosed the following categories of personal information for a business and and/or commercial (including sharing) purpose:
Category A: Identifiers.
Category B: California Customer Records personal information categories.
Category C: Protected classification characteristics under California or federal law.
Category D: Commercial information.
Category E: Internet or other similar network activity.
Category F: Geolocation data.
Category G: Sensory data.
Category H: Inferences drawn from other personal information.
For purposes of this Notice, “sharing” refers to sharing of personal information with third parties for purposes of cross-context behavioral advertising purposes. We disclose your personal information for a commercial purpose to the following categories of third parties:
· Data aggregators
· Agencies and other third parties for purposes of advertising and provision of customized content
· Agencies and other third parties for purposes of analytics
We disclose your personal information for a business purpose to the following categories of third parties:
· Service providers.
In the preceding twelve (12) months, Weber has not sold personal information.
Use of Sensitive Personal Information
To the extent we process or maintain sensitive personal information (through Weber or a service provider), such processing is limited to the purpose for which such sensitive personal information was collected or as otherwise required by relevant laws.
The CCPA provides consumers who are California residents with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.
You have the right to request Weber disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights), we will disclose to you information which may include:
· The categories of personal information we collected about you.
· The categories of sources for the personal information we collected about you.
· Our business or commercial purpose for collecting or selling that personal information.
· The categories of third parties to whom we disclose that personal information.
· The specific pieces of personal information we collected about you.
· If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
· sales, identifying the personal information categories that each category of recipient purchased; and
· disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.
You have the right to request that Weber delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request (see Exercising Access, Data Portability, and Deletion Rights), we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.
We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:
1. Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
2. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
3. Debug products to identify and repair errors that impair existing intended functionality.
4. Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
5. Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
6. Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the research's achievement, if you previously provided informed consent.
7. Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
8. Comply with a legal obligation.
9. Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
Right to Correct
You have the right to ask Weber to correct inaccurate personal information Weber may collect or possess about you. In the event Weber receives such a request we will make commercially reasonable efforts to fulfill your request to correct your personal information.
Right to Limit Sharing of Personal Data
You have the right to limit sharing of your personal information, which is conducted through use of so-called third party cookies.
Exercising Access, Data Portability, Deletion, Correction, Limitation and Do Not Share Rights
To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either:
· Opening a ticket with our data access ticket system.
· Adjust your cookie preferences in the Cookie Preference Center (to complete a self service “do not share” rights request) as described in Section 4 (“Cookies”) of the Privacy and Cookies Policy.
· Emailing email@example.com
· Calling us at (855) 924-1115.
Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.
You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:
· Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
· Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
· You can designate an agent to make a request on your behalf either: (1) by having your agent send us a letter, signed by you, certifying that the agent is acting on your behalf and showing proof that they are registered with the California Secretary of State; or (2) by you and the agent executing and sending us a notarized power of attorney stating that the agent is authorized to act on your behalf. Please note that we may still require you to verify your identity before we process a request submitted by your agent.
We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.
Making a verifiable consumer request does not require you to create an account with us. We will only use personal information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.
We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period.
We will deliver our written response by mail or electronically, at your option (depending on how you make your request).
Any disclosures we provide will only cover the information included in the verifiable consumer request's receipt, except where providing such information is impossible or involves effort disproportionate to the request. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable.
We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
To exercise your right not to share your personal information, which activity is conducted through so-called third-party cookies, please visit the Cookie Preference Center as described in Section 4 (“Cookies”) of the Privacy and Cookies Policy.
We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:
· Deny you goods or services.
· Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
· Provide you a different level or quality of goods or services.
· Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your personal information's value and contain written terms that describe the program's material aspects. Participation in a financial incentive program requires your prior opt in consent, which you may revoke at any time.
Weber determines the retention period(s) for the categories of information containing personal information through analysis including requirements under applicable law and legal considerations, financial audit and recordkeeping needs, consumer care needs and accuracy of records.
Other California Rights
Privacy/Third Party Marketers
California's "Shine the Light" law (Civil Code Section § 1798.83) permits users of our Website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to firstname.lastname@example.org and include “Privacy Rights” in the subject line.
Do Not Track Notice.
Given the divergent practices of organizations that offer browsers, and the lack of a standard in the marketplace, we do not respond to Do Not Track signals at this time.
Weber reserves the right to amend this privacy notice at our discretion and at any time. When we make changes to this Privacy Notice for California Residents, we will post the updated notice on and within the Applications and update the notice's effective date. Your continued use of our Applications following the posting of changes constitutes your acceptance of such changes.
If you have any questions or comments about this notice, the ways in which Weber collects and uses your information described below and in the Privacy and Cookies Policy, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at:
Weber-Stephen Products LLC
Attn: Associate General Counsel
1415 S. Roselle Rd.
Palatine, IL 60067