Privacy Policy

Last Updated: 09/2025

The Flame Broiler, Inc. (“Flame Broiler,” “our,” “us,” or “we”) respects your privacy and is committed to protecting it through compliance with this Privacy Policy. This Privacy Policy (“Privacy Policy” or “Policy”) is an agreement between Flame Broiler and you, as the user of the Flame Broiler website (“you”). This agreement tells you when this Privacy Policy is effective, what information we collect from you, how we might use it, how you can review or change the personal information you provide to us, how we may change this Policy, and the steps we take to ensure that your personal information is protected.

This Privacy Policy applies to information we collect through your access to and use of Flame Broiler’s services, website (the “Site”), digital platforms, marketing activities, social media platforms, mobile app (the “App”), online ordering, in-store WiFi, gift cards, and any other offerings of Flame Broiler whether online or in person at our store locations (collectively, our “Services”).

Please read this Privacy Policy carefully to understand our policies and practices regarding your information and how we handle it. By accessing or using any of our Services, you agree to these Privacy Policy terms. By accessing or using any of our Services, you also agree to Flame Broiler’s Terms of Use and Conditions of Service , which are incorporated into this Privacy Policy by reference and made a part hereof. Your use of our Services is entirely voluntary. If you do not agree to both this Privacy Policy and the Terms of Use and Conditions of Service, you must not access or use our Services.

1. SCOPE LIMITATIONS

This Privacy Policy applies solely to personal information collected through our Services.

This Policy does not apply to:

(a) Information collected through other websites, mobile applications, or platforms operated by us or any third party (including affiliates) that are governed by separate privacy policies; or
(b) Information collected by any third-party website, service, or application that may link to or be accessible from our Services.

We encourage you to review the privacy policies of those third parties before providing them with your personal information.

This Privacy Policy also does not govern data practices that are inherent to the operation of the Internet and therefore beyond our control. Nothing in this Privacy Policy shall be construed to limit your rights under applicable law or to override any legal or regulatory requirements.

2. CHANGES TO THIS PRIVACY POLICY

We reserve the right to update or modify this Privacy Policy at any time in our sole discretion. Any updates or modifications to this Privacy Policy are effective immediately unless otherwise specified by us. When we make material changes to this Privacy Policy, we will notify you by updating the “Last Updated” date at the top of this page and, where required by applicable law, by providing additional notice(s).

Your continued use of our Services after any such updates constitutes your acceptance of the revised Privacy Policy. However, if you do not agree with the changes, you should immediately discontinue use of our Services.

If we make changes that materially affect how we handle previously collected personal information, we will obtain your consent where required by applicable law.

We encourage you to review this Privacy Policy periodically to stay informed about our data practices and your rights.

3. INFORMATION WE MAY COLLECT

We may collect both Personal Information and Non-Identifying Technical Data from you when you interact with our Services, either online or in person.

3.1 Personal Information

“Personal Information” refers to information that identifies, relates to, describes, or can reasonably be associated with an individual. Depending on how you interact with us, we may collect the following types of Personal Information:

Identifiers and Contact Information: name, postal address, email address, telephone number, date of birth, or similar identifiers;
Demographic Information: age, gender, and related attributes (where disclosed);
Payment Information: credit or debit card number or other payment method information (processed by a secure third-party processor);
Transaction and Purchase Information: order history, delivery details, and customer service interactions;
In-Store Interaction Information: CCTV recordings (for security), loyalty program participation, or service inquiries made at our physical locations.

We may collect Personal Information when you enroll in or participate in our loyal program, the Magic Rewards Program. This information may be used to administer your participation and send you promotional communications consistent with your preferences. For more information regarding the Personal Information that may be collected as part of our Loyalty Program, please review our Magic Rewards Program Terms and Conditions .

You may be required to provide certain Personal Information to access or use specific features of our Services. If you do not provide the requested Personal Information, you may not be able to access or use the features of our Services where such information is requested.

3.2 Non-Identifying Technical Data

We may also collect information that does not directly identify you but relates to your use of our Services and your devices. This includes:

Device and Usage Information: such as your Internet Protocol (IP) address, browser type, operating system, referring/exit pages, and access times;
Clickstream Data: such as pages visited, time spent, navigation paths, and interaction with Site features;
Cookies and Similar Technologies: information collected through cookies, web beacons, or pixels. For details, see Section 10 (“Cookies and Tracking Technologies”);
Mobile Device Information: including device model, operating system, and, where permitted, approximate location data.

This information may be collected even if you do not submit any Personal Information.

3.3 Sensitive Personal Information

In certain jurisdictions, including California, specific categories of personal data are classified as Sensitive Personal Information (“SPI”). We may collect SPI when reasonably necessary to provide certain features of our Services. The categories of SPI we may collect include:

Precise geolocation data, when you use location-enabled features of our mobile App or website (e.g., store-finder, delivery eligibility, localized promotions);
Payment card information, collected by secure third-party payment processors in connection with purchases or orders;
Account login credentials, if applicable to user authentication.

We collect this information:

To provide requested services, such as locating the nearest store or fulfilling a mobile order;
To prevent fraud and ensure security;
To comply with legal obligations.

We do not use Sensitive Personal Information:

To infer characteristics about you,
For profiling in furtherance of decisions that produce legal or similarly significant effects, or
For any purposes beyond those reasonably necessary to provide our Services.

If you are a California resident, you may have the right to limit the use and disclosure of your Sensitive Personal Information. To exercise this right, please email us at legal@flamebroiler.com or call 844-307-1232. We will honor valid opt-out or “Limit Use” requests as required by applicable law.

4. HOW WE USE YOUR INFORMATION

We use the information we collect to provide, improve, and personalize our Services and business operations. This includes:

Providing Services and Fulfilling Requests: To process transactions, administer promotions, respond to inquiries, and provide products or services you request (e.g., contest entries, prize fulfillment, or customer support);
Improving User Experience and Services: To analyze site traffic, understand customer preferences (both in aggregate and individually), and tailor content, features, and promotional offerings to your interests;
Legal and Compliance Purposes: To comply with applicable legal obligations, enforce our Terms of Use, detect fraud or abuse, or respond to law enforcement or regulatory requests.

5. STATE-SPECIFIC PRIVACY RIGHTS

Residents of certain U.S. states may have additional rights regarding their personal information under applicable state privacy laws, including but not limited to those in California, Texas, Colorado, Virginia, Florida, and Connecticut. These rights may include:

The right to confirm whether we process your personal information;
The right to access the personal information we collect;
The right to correct inaccuracies in personal information;
The right to request deletion of your personal information;
The right to obtain a portable copy of your personal information;
The right to opt out of the sale of personal data, targeted advertising, or profiling in furtherance of decisions that produce legal or similarly significant effects.

To exercise these rights, please contact us at legal@flamebroilerusa.com . We may take steps to verify your identity before fulfilling your request. If you submit a request via an authorized agent, we may also require proof of that authorization.

If you are a resident of California, please refer to our California Privacy Notice for more detailed information and instructions specific to your rights under the California Consumer Privacy Act (“CCPA”), as amended by the California Privacy Rights Act (“CPRA”).

If you are a resident of Texas, you may exercise your rights under the Texas Data Privacy and Security Act (“TDPSA”). Requests can be submitted using the same contact methods provided above. We will respond as required by applicable Texas law.

6. HOW WE PROTECT YOUR INFORMATION

6.1 Security Measures

We implement reasonable physical, administrative, and technical safeguards to help protect the Personal Information and Non-Identifying Technical Data we collect from loss, misuse, or unauthorized access. This may include encryption, firewalls, access controls, and secure server environments.

6.2 Risk of Interception

Despite our efforts, no method of transmission over the Internet or method of electronic storage is 100% secure. By using our Services, you acknowledge and accept that:

We cannot guarantee the absolute security of your information; and
Any transmission of personal or other data is at your own risk.

7. HOW WE SHARE INFORMATION

We do not sell or rent your personal information to third parties. We may share Personal Information or Non-Identifying Technical Data with third parties only as described below and only for legitimate business purposes, in accordance with this Privacy Policy, as permitted by applicable law.

7.1 Service Providers and Partners

We may share personal information with third-party service providers, contractors, and partners (“Service Partners”) who support the operation of our Services and perform services on our behalf. These may include:

Website hosting and infrastructure providers (e.g., It’s Plein Air Agency, LLC)
Payment processors
Data analytics providers
Customer support platforms
Marketing service providers
Fulfillment and logistics vendors (e.g., contest or prize delivery)

Service Partners are authorized to use personal information only as necessary to perform their functions and are contractually required to maintain their confidentiality and security. Although we encourage them to adopt privacy practices consistent with ours, their use of your information is ultimately governed by their own privacy policies.

7.2 Website Management

Our website and some related Services are managed and maintained by It’s Plein Air Agency, LLC, a service provider located in Texas, United States. The servers used to host our Services are also located in the United States. If you are located outside the United States, please be aware that your personal information will be transferred to the United States and processed in accordance with this Privacy Policy. By using our Services and submitting your personal information, you expressly consent to this transfer.

7.3 Legal Disclosures and Security Exceptions

We may disclose your Personal Information without your prior consent if required by law or if we, in our sole discretion, believe disclosure is reasonably necessary to:

Comply with legal obligations, such as court orders, subpoenas, or regulatory inquiries (including from jurisdictions outside the United States);
Cooperate with law enforcement or other governmental entities;
Investigate, prevent, or take action regarding suspected fraud, threats to public safety, or illegal activities;
Protect our rights, property, and the safety of our users or others.

We reserve the right to report any activity that we believe, in good faith, may violate the law.

7.4 Business Transfers

If we undergo a merger, acquisition, reorganization, or sale of assets, personal information may be transferred as part of that transaction. We will notify you of any such event and any new privacy practices that apply, where required by law.

7.5 Third-Party Links and Sites

Our Services may contain links to websites, applications, or services operated by third parties. This Privacy Policy does not apply to those third-party platforms, and we are not responsible for their content, practices, or privacy policies. You access those websites at your own risk, and we encourage you to review their privacy policies before submitting any personal information.

8. DATA RETENTION

We retain Personal Information for as long as reasonably necessary to fulfill the purposes for which we collected it, including to satisfy any legal, regulatory, accounting, or reporting requirements.

Where applicable, we may retain limited information to comply with legal obligations, resolve disputes, enforce our agreements, or for legitimate internal purposes such as fraud prevention or security monitoring. When Personal Information is no longer necessary, we securely delete or anonymize it.

9. NO USE BY PERSONS UNDER 18 PERMITTED

9.1 Age Restriction and Prohibited Activities

Our Services are intended solely for individuals who are 18 years of age or older. We do not knowingly collect personal information from individuals under the age of 18. No one under 18 may access or use our Site, App, or other digital platforms or provide any personal information to us.

If you are under 18, do not use or provide any information on or through our Services, including registering for an account, making purchases, submitting content, or providing any personal details such as your name, address, email address, telephone number, or username.

9.2 Children Under 13 (COPPA Notice)

We do not direct our Services to children under the age of 13 and do not knowingly collect personal information from children under 13. If we become aware that we have inadvertently collected personal data from a child under 13 without verified parental consent, we will delete such information promptly in accordance with the Children’s Online Privacy Protection Act (“COPPA”).

9.3 Notice to Parents and Guardians

We encourage parents and legal guardians to monitor their children’s internet use and to help enforce this Privacy Policy by instructing minors not to use our Services. If you believe that we may have collected personal information from someone under 18, please contact us immediately at legal@flamebroilerusa.com so that we can delete the information and take appropriate action.

10. COOKIES AND TRACKING TECHNOLOGIES

We use cookies, pixels, web beacons, and similar tracking technologies to enhance your experience with our Services, analyze site traffic, improve performance, and support certain features.

10.1 Types of Technologies We Use

Cookies: Small text files placed on your device when you visit a website. They may be session-based (expire when you close your browser) or persistent (remain on your device until deleted).
Pixels and Web Beacons: Transparent images or code snippets used to measure interactions with content or emails.
Device and Browser Data: Such as IP address, browser type, operating system, referring/exit pages, and timestamps, which help us understand how users interact with our Services.

These technologies may allow us to recognize your device, store your preferences, and gather analytics about usage patterns.

10.2 Third-Party Analytics and Advertising

We may partner with third-party analytics providers to collect information about your interactions with our Services. These providers may use cookies or similar technologies to provide us with aggregated usage data, which helps us better understand and improve our Services.

We do not use third-party advertising networks or engage in behavioral advertising that would constitute a “sale” or “sharing” of personal information under applicable privacy laws, unless otherwise disclosed in our California Privacy Notice .

10.3 Do Not Track Signals

Some web browsers include a "Do Not Track" (“DNT”) feature that signals to websites that you do not want to be tracked across different websites over time. Currently, there is no industry-standard protocol for responding to DNT signals. As such, we do not alter our practices or behavior in response to DNT signals at this time.

However, we are committed to protecting your personal information and only sharing data with third parties as described in this Privacy Policy.

10.4 Global Privacy Control (GPC)

Where required by applicable law (such as the California Consumer Privacy Act or Colorado Privacy Act), we will honor browser-based opt-out signals like the Global Privacy Control (“GPC”) as a valid request to opt out of the sale or sharing of personal information. To learn more about GPC, visit https://globalprivacycontrol.org .

10.5 Managing Your Preferences

You can manage cookie preferences through your browser settings, where you may block or delete certain types of cookies. Note that disabling some cookies may affect the functionality or performance of our Services.

For mobile devices, you may also manage tracking by adjusting permissions in your device settings.

11. INTERNATIONAL DATA COLLECTION DISCLAIMER

Our Services are intended solely for individuals located in the United States. We do not target or offer our Services to individuals located outside the United States, including those residing in the European Union, the United Kingdom, or other jurisdictions with comprehensive data protection laws. We do not knowingly collect personal information from individuals outside the United States, and any such collection is unintentional and incidental.

While we acknowledge the existence of international data protection laws, our Services and data practices are governed exclusively by United States law. We do not represent that our Services comply with the laws of any non-U.S. jurisdiction.

If you are located outside the United States and believe that we may have inadvertently collected your personal information, please contact us at legal@flamebroilerusa.com so that we may review and respond to your inquiry in accordance with our data handling policies.

12. CONTACT INFORMATION

For questions or feedback regarding this Privacy Policy, please contact us at:

The Flame Broiler, Inc.
538 E Warner Ave Ste E
Santa Ana, CA, 92705-5476
United States
legal@flamebroilerusa.com
844-307-1232