Privacy Notice
Effective: May 28, 2022
At EverGrill (collectively “EverGrill,” “we,” “us,” or “our”) we are strongly committed to transparency, and we want you (“you” or “your”) to understand how we collect, use, share and protect your information. This Privacy Notice (“Privacy Notice”) describes how EverGrill handles information in connection with EverGrill’s website and related mobile applications and services (collectively, the “Services”), and when you otherwise interact with us.
We reserve the right to change this Privacy Notice from time to time. If EverGrill makes changes to this Privacy Notice, the updated Privacy Notice will be made available through our Services and if we make any material changes to this Privacy Notice, we will provide a prominent notice and may also contact you directly by email or another method.
The Types of Information We Collect
We collect or receive information in different ways. The types of information we collect or receive depends on how you use and interact with our Services. In many cases, you can choose the information you provide to us, although certain information is required for us to provide the Services. We use and disclose this information for the purposes described further below. The types of information we collect include:
- Account Information such as your name and e-mail address. Credit card payment details or your phone number are not stored by EverGrill. EverGrill uses a third party, Stripe, to process payments. Stripe requires information about your phone number and apps installed on the device in order to ensure secure and successful payment. EverGrill is only capable of seeing the last four digits of the credit card used. Stripe's privacy notice can be found here.
- We process location data when you sign up and use the Services. For example, to show you EverGrill barbecues near your location, it is necessary to process the physical location of your device when in the home page of the app. Data such as the location of the barbecue and its rental status are also necessary to provide the Services. EverGrill also collects location data directly from EverGrill barbecues such as the number of times the barbecue has been activated and its power consumption.
- If you link, connect, or login to EverGrill with a third party service (e.g. Facebook or Google), the third party service may send us information such as your profile information.
- When you ask for customer service, support or other assistance, you can choose to provide us with your contact information so we can better respond to your requests and we may keep information about your engagement with our support services.
- EverGrill collects information from mobile device, which provides us with technical information such as your device ID. We use cookies and similar technologies (like pixels and tags) to provide our Services, including to remember your settings and to gather analytics information about you.
- We collect information you share on the Services such as when you report an issue with a barbecue or complete the feedback process. Depending on your camera or photo settings, EverGrill will receive information you choose to send us such as photos of the barbecue you used.
How We Use Information
We use your information, including information about your location, to:
- provide the Services to you at your request including to manage your account and booking history.
- monitor and service the EverGrill barbecues, including when they are in use by you.
- process payments through a third party (Stripe) and any discounts or special offers such as free bookings.
- communicate with you about your account, interactions or transactions including service- related announcements such as changes to our policies. As allowed by local law, we may also send to you surveys or marketing communications, including information about features and enhancements to our Services.
- optimise, develop and improve our Services. To do this we may use third party analytics providers to understand how the Service is being used and to help us to improve the Services.
- where necessary, to comply with our legal obligations including to meet regulatory or local law requirements.
- detect, investigate, and prevent activities that may violate EverGrill’s policies or be illegal which may include sharing information with government agencies outside of your home country, such as law enforcement agencies.
- collaborate with third parties such as universities and local government authorities.
Who Do We Share Your Information With?
We share your information with EverGrill’s service providers and other third parties where it is necessary to deliver our Services and as described in this Privacy Notice. In particular we share your information with:
- Our service providers and partners: We share your information with our trusted service providers and partners who provide services to EverGrill such as hosting data and our infrastructure, processing payments and donations, supporting and improving the Services, performing customer service, or providing marketing and advertising services. For example, we share information with Stripe in order to process your payments and refunds.
- Collaborations with third parties: After removing certain identifiers, such as your name and e-mail address (where provided), and combining the resulting information with similar information from other users, EverGrill may use, sell, license, and share your information, including individual trip records and trip location (journey) history, with third parties for research, business or other purposes. For example, EverGrill partners with universities and local government authorities to collaborate on research projects such as understanding traffic and travel patterns in a city.
- Government, regulatory and law enforcement agencies: We may share your information if we believe in good faith that it is reasonably necessary to do so for legal reasons, including to meet government, regulatory or local law requirements or as part of a judicial process or to detect, investigate, prevent, and address fraud and other illegal activity, security, or technical issues or to prevent harm or injury to you, members of the public, our staff, other third parties, or ourselves; or if we need to do so to defend our legal rights or property, to take action regarding illegal activities or traffic offences, or to enforce our contracts, such as our Terms of Service.
- Business re-organisation: We may also share your information as part of a sale, merger, change in control, or in preparation for any of these events.
- We may also share aggregated, depersonalised, or de-identified information that cannot reasonably be used to identify you with third parties, including the types of third parties listed above.
Our Legal Basis for Using Your Information
EverGrill relies on a number of legal bases (see section below) to collect, use, share, and otherwise process your information for the purposes described in this Privacy Notice, including where:
- it is necessary to provide the Services and perform our obligations in accordance with the Terms of Service. For example, we cannot provide the Service unless we collect and process basic information about you and your location.
- you have provided your consent to us processing your information (in which case you may revoke your consent at any time).
- necessary to comply with a legal obligation, including, for example, responding to government agency or law enforcement information requests or to establish, exercise or defend legal claims.
- to protect vital interests of our users, staff, and members of the public both on and off the Services.
- it is permitted by law, we may process data in the public interest; and/or
- the processing is necessary for the purposes of EverGrill’s or a third parties legitimate interests, provided that we have balanced these against your fundamental rights and interests.
How Long We Keep Information
We keep your information for as long as is reasonably necessary to provide the Services to you or until your account is deleted, whichever is longer, subject to any longer period as may be required by applicable law or notified to you.
When you delete your account, it may take us additional time to fully delete your information from our databases and system logs. We may also retain information from deleted accounts to prevent fraud, collect fees, to comply with our legal obligations or enforce our legal rights.
EEA/Swiss/UK Rights
If you are habitually located in the EEA, Switzerland or the UK, you benefit from a number of rights in relation to your information. While some of these rights apply generally, certain rights apply only in limited cases. These rights do not necessarily apply to you if you are based outside these regions.
- Right to object – Where we process your information based on legitimate interests, you can object to this processing in certain circumstances. Unless we have compelling legitimate grounds or where it is needed for legal reasons, we will cease processing your information when you object.
- Right of access – You can access much of your information by logging into your account. You can also request a copy of the information we have about you and information explaining how the information is used.
- Right of rectification – You have the right to request that we rectify inaccurate information about you.
- Right of erasure – You have the right, in certain cases, to request that we delete your information, provided there are valid grounds for doing so and subject to applicable law.
- Right to restrict processing – You have the right, in certain cases, to temporarily restrict the processing of your information by us, provided there are valid grounds for doing so.
- Right to data portability – You may have the right to receive certain of your information in a structured, commonly used and machine-readable format and to transmit such information to another controller.
- Right to withdraw consent – Where you have previously provided your consent, such as to send you direct marketing, you have the right to withdraw consent at any time. However, this will not affect the lawfulness of the processing based on consent before its withdrawal. Furthermore, even in case of a withdrawal, we may continue to use your information as permitted or required by law.
Please get in touch with us as set out in the “Who is Responsible for my Information?” section of this Privacy Notice if you would like to exercise any of these rights or in case you should have any concerns about how we process your information. You also have the right to lodge a complaint with your local supervisory authority for data protection.
Your Choices and How You Can Manage your Information
We believe you should have choices about the collection, use and sharing of your information. If you do not want EverGrill to collect your information, please do not use the Services.
Emails and Other Communications
If you would like to change the types of communications you receive from us, including opting out of promotional communications from us, you may do so at any time by emailing help@evergrill.co.uk. We may continue to send non-promotional communications such as information about your use of the Service. If you refer others to us using our email functionality, please note that they may choose not to receive any promotional emails from us in the future by emailing help@evergrill.co.uk.
Accessing and Managing Your Information
If you have an account with EverGrill, you can review, change or delete your information by logging into your account and editing your profile. You can change your email address by using our in-app change feature. You can delete your EverGrill account at any time using the in-app functionality or by submitting a request to us at help@evergrill.co.uk.
Who is Responsible for my Information?
The data controller responsible for your personal information is EverGrill Ltd., a UK established company which you can contact by email at help@evergrill.co.uk.
Legal Bases
Under European data protection law, we are required to have a legal basis to collect, use, share, and otherwise process information about our users in the European Union (“EU”). If you habitually reside in the EU, you have certain rights available to you. Some of these rights apply generally whereas other rights only apply depending on the legal bases EverGrill relies on to process data. We’ve explained these legal bases below.
Legal Bases To Provide the EverGrill Services
The Services cannot be provided without EverGrill processing data about you including location data (for example, we need information about the location of any barbecue while you are using it in order to provide the Services to you).
With your consent
We ask for your permission to process your information for certain purposes and you have the right to withdraw your consent at any time. We rely on your consent in the following situations:
- Where required, to send you marketing communications.
- When you link, connect, or login to EverGrill with a third party service (e.g. Facebook). Such information may include your account ID or “handle” and information that you make available to us on that page or account.
- To receive information through the device-based settings you enable (such as access to your camera or photos), so we can provide the features and services described when you enable the settings.
When we process the data you provide to us based on your consent, you have the right to withdraw your consent at any time.
Legal obligation or for the establishment, exercise or defence of legal claims
We process information where we have a legal obligation to do so, for example, where we’re responding to valid requests from law enforcement and other government agencies for certain user information. We may be required to process your information to verify your identity, including to manage insurance or to take action regarding illegal activities or violation of our Terms of Service. We may also have a legal obligation to share certain user information such as usage data with local government authorities pursuant to permits or licenses granted by these authorities to us. In addition, processing may be needed for us to establish, exercise or defend civil or criminal claims in connection with actual or potential litigation including to protect our Services, our property or other legal rights, including those of our users.
To protect vital interests
We process data where it is necessary to protect an interest which is essential to someone’s life or to protect any person from serious injury. This includes processing information to combat harmful conduct both on and off of our Services.
Carrying out a task in the public interest
Where envisaged by EU law or the law in an EU Member State, we may process data in the public interest. This may include protecting against harm and undertaking research for social good.
For the purposes of our legitimate interests
We process your information where it is necessary for our legitimate interests, and those of third parties, while applying appropriate safeguards that protect your privacy, rights and interests. We do this to:
- Manage our fleet of EverGrill barbecues, including to; ensure availability, to monitor usage levels and potential faults.
- Collaborate with third parties where it is in our or their legitimate interests to use your information to pursue research and business projects. To do this, we remove certain identifiers, such as your name, phone, and e-mail address (where provided), and combine the resulting information with similar information from other users for use by EverGrill or our partners for research, business or other purposes. For example, EverGrill could partners with local government authorities to collaborate on research projects such as understanding park and open space patterns in a city.
- Improve our Services by conducting research or analytics such as what services or products users want or how users would like us to improve our Services so as to offer an innovative and accessible service. We may also, where necessary in our legitimate interests, use your information to understand how you use our Services and identify any issues so we can improve your experience and those of others users.
- Keep the Services safe and secure by using information to detect, prevent or investigate violations of our Terms of Service, fraud, illegality or abuse, and to prevent, detect or investigate unauthorised use of EverGrill barbecues. We may also share information with third parties, including law enforcement and other government agencies for this purpose and pursuant to their legitimate interests in investigating, prosecuting and preventing crime.
- Promote the Services, including the conduct of marketing campaigns, to tell you about the various services we offer or to send you promotions.
- Understand and respond to your feedback.
You have the right to object to, and seek restriction of, our processing of your personal data based on our legitimate interests. You can exercise your right to object by emailing us at help@evergrill.co.uk