BY CONTINUING TO USE THE COMPANY WEBSITE OR ANY OTHER COMPANY PROGRAM OFFERED BY COMPANY, YOU HEREBY AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS POLICY AS IT IS PRESENTED TO YOU AS OF THE DATE OF YOUR FIRST USE OF ANY COMPANY PROGRAM. NO CHANGES (ADDITIONS OR DELETIONS) BY YOU TO THIS POLICY WILL BE ACCEPTED BY THE COMPANY IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THIS POLICY, OR YOU DO NOT WISH YOUR PERSONAL INFORMATION TO BE USED PURSUANT TO THIS POLICY, THEN YOU SHOULD NOT USE ANY COMPANY PROGRAM (INCLUDING WITHOUT LIMITATION THE COMPANY WEBSITE) AND YOU SHOULD NOT PROVIDE ANY OF YOUR PERSONAL INFORMATION TO THE COMPANY.
THIS IS A BINDING CONTRACT BETWEEN YOU AND THE COMPANY AND YOU SHOULD DOWNLOAD AND PRINT THIS POLICY FOR YOUR RECORDS.
- INFORMATION WE COLLECT
During a User’s access or use of the Company Website or any other Company Program, the Company may, either directly or by using its service providers, gather, collect, record, hold, distribute, share, disclose or otherwise use personal information or data about You which You provide to Us, as described in Section 1.1 below, or which is automatically collected, as described in Section 1.2 below (hereinafter collectively referred to as the User’s “Personal Information”).
1.1 INFORMATION YOU PROVIDE TO US.
We collect Personal Information that You provide directly to Us. For example, we may collect Personal Information from You if You:
- provide Us with any data about You through the Company Website or any other Company Program, or via telephone;
- create an account with Us;
- purchase or otherwise request any of the Company’s products or services;
- request any customer support;
- request any exchange or return of any of the Company’s products or services;
- request any information from or about the Company, such as a newsletter, e-alert, or any other information about Our products, services, events or business partners;
- fill out any other information through any Company Program;
- communicate with any other representative of our Company;
- communicate with Us via third party social media sites;
- participate in any contest, promotion or sweepstake;
- apply for a job with the Company; or
- otherwise communicate with Us in any other way.
In these instances, the types of Personal Information that We may collect from You includes:
- Your name;
- Mailing address and/or billing address;
- E-mail address;
- Phone (or mobile) number;
- Date of birth or age;
- Credit or debit card number and other information about the same (if You make a payment either directly to Us or by using a third party payment provider that handles payments and will receive Your payment card information);
- Information about Your bank or checking account (if you make a payment through Your bank transfer);
- Gift card information or related gift information;
- Information You provide when You purchase any of Our goods or services, including product or service parameters or preferences You provided when making a purchase; or
- Information You provide or otherwise involved in the return or exchange of a product, such as information about the transaction, product details, purchase price, and the date and location/media of the transaction.
1.2 INFORMATION AUTOMATICALLY COLLECTED.
When a User accesses or otherwise uses the Company Website or any other Company Program, We automatically collect certain Personal Information about You, including:
- Device Information. We (or our service providers) may collect information about the computer, tablet, phone or other device you use to access any of the Company Programs, including the Internet Protocol address, hardware models, operating system and version, mobile network information and other unique device identifiers.
- Cookies and other Web-based Tracking Technologies: We (or our service providers) may use different technologies such as cookies, web beacons, or other types of small temporary files or web-based tracking technologies to gather certain information. A cookie is a small data file stored by Your web browser on Your computer or mobile device (hard drive) that helps Us to improve the way We deliver our Company Website or other Company Programs to You, helps Us improve Your overall experience using Our Company Website or other Company Programs, and/or helps Us analyze the areas and features of our Company Programs that are most popular or to detect fraud. Web beacons are electronic images that may be used in Our Company Programs or emails and help deliver cookies, count visits, and understand usage. Like many other websites, cookies and these other web-based tracking technologies may be used by Us (or our service providers) during Your visit to the Company Website or other Company Program in order to improve Your individual experience as a User of the Company Website or other Company Program or to generally improve or enhance the overall functionality of the Company Website or other Company Program. While most websites automatically accept cookies for these purposes, You may be able to instruct Your browser to stop accepting cookies or prompt You before accepting a cookie from the sites You visit, including the Company Website.
- Geo-location Data: Subject to any of Your device permissions, We (or our service providers) may be able to collect information about the precise location of your device or may gather other general location data based on GPS data, mailing address, and/or billing address (hereinafter collectively referred to as “Geo-location Data”).
- Social Media Information. If any of Our Company Programs offer any social media features, such as the Facebook Like buttons or similar social media interactive mini-programs, these features may collect Your Internet Protocol address, which page You are visiting on Our Company Program, and may set a cookie to enable the feature to function properly. Social media features are either hosted by a third party or hosted directly on Our Company Program. Your interactions with these features maybe governed by the privacy policies of the company providing it (see Section 8 regarding Third Party Sites).
1.3 EXCLUSIONS FROM PERSONAL INFORMATION
Personal Information does not include (i) publicly available information from government records; and (ii) de-identified or aggregated consumer information.
- HOW WE USE YOUR INFORMATION.
2.1 PRIMARY WAYS WE USE YOUR INFORMATION. User’s Personal Information may be gathered, collected, recorded, held, or otherwise used by or on behalf of the Company (including by Our service providers) to provide, maintain, and improve our Services to You, including for the following purposes:
- Process or fulfill your purchase or other orders of wine or any other goods or services of the Company, process exchanges and returns and send shipping notifications;
- Send support and administrative messages, and respond to your comments, questions, and customer service requests;
- Communicate with you about the Company’s wine, other goods or services of the Company, wine club events or news, or any other events offered or supported by the Company or others, and provide news and information We think will be of interest to You (if you prefer not to receive promotional communications from Us, you may “Opt Out” at any time by following the “Opt Out” instructions in Section 5.1 herein;
- Monitor and analyze trends, usage, and activities in connection with Our goods or services or general trends in the wine industry;
- To perform credit checks (if Company deems it appropriate);
- To conduct credit card screenings or to otherwise protect against fraud or unauthorized transactions, including by identifying potential unauthorized users or hackers;
- Personalize Your experience and the advertisements and content You see when You use any Company Programs based on Your preferences, interests, and browsing and purchasing behavior;
- For compliance purposes as may be required by applicable laws or regulations or as requested by any judicial process or governmental agency (including without limitation for Company’s tax reporting) or as may be requested under any subpoena;
- To facilitate Your use of various social media sharing features or other integrated tools (such as the Facebook “Like” button) which You may use as part of social media pages;
- To facilitate any contests, sweepstakes, or promotions and process and deliver entries and rewards; or
- To carry out any other purpose described to You at the time the Personal Information is collected.
2.2 OTHER WAYS WE MAY USE YOUR INFORMATION. In addition to the above, Your Personal Information may be gathered, collected, recorded, held or otherwise used for the following additional purposes:
- To use with, or otherwise distribute, share or disclose to, any of the Company’s professional advisors such as attorneys or accountants (“Outside Professionals”) in order to facilitate the professional advice from those Outside Professionals; or
- To use with, or otherwise distribute, share or disclose to, any government agencies or third parties in order to comply with, or otherwise pursuant to, any subpoena, court order, or other governmental order, law or regulation (including without limitation tax reporting).
2.3 OTHER TERMS REGARDING THE USE OF YOUR INFORMATION.
2.3.1 We will use or share Your Personal Information only for the purposes as described in this Section 2 and in Section 3 herein, unless We reasonably determine We need to use it for another reason and that reason is compatible with the original purpose(s) described herein. For example, We consider de-identification, aggregation, and other forms of anonymization of Personal Information to be compatible with the purposes listed herein and in Your interest because the anonymization of such information reduces the likelihood of improper disclosure of that information. If We need to use Your Personal Information for an unrelated purpose, We will notify You and We will explain the legal basis which allows Us to do so.
- SHARING OF INFORMATION
We may distribute, share or disclose Personal Information about You as follows or as otherwise described herein:
- Affiliates and Subsidiaries. We may disclose Your Personal Information with our affiliates or subsidiaries for any of the purposes described herein.
- Service Providers. We may share or disclose Your Personal Information with Our service provides or other third party vendors that We retain in connection with the provision of the Company Programs, including without limitation the following types of service providers that We may engage:
- Email, internet or other telecommunication service providers;
- Cloud, other data storage, or other hosting service providers;
- Third party payment service providers, including without limitation third party credit card processors (see below section entitled “Third Party Application Providers”);
- Analytics companies or other promotion partners who assist Us with various types of data analytics, marketing or general promotion (see below sections entitled “Analytics Partners” and “Wine Industry Associations or Advertising Partners”);
- Third parties shippers; or
- Other third party contractors we engage to assist Us in providing Our wine products or any of Our other goods or services.
- Third Party Application Providers. If a third-party application is used to support Our Company Programs, We may share or disclose Your Personal Information to such third party application providers, including without limitation third party credit card processors or other third party payment service providers.
- Analytics Partners. We may use analytics services provided by a third party analytics service provider or by using one of their tools, such as but not limited to Google Analytics, to collect and process certain analytics data. These services may also collect data about Your use of other websites, apps, and online resources.
- Aggregated Form. We may make certain automatically-collected, aggregated, or otherwise de-identified Personal Information available to third parties for various purposes, including (i) compliance with various reporting obligations; (ii) for business or marketing purposes; or (iii) to assist such parties in understanding our Users’ interests, habits, and usage patterns for certain programs, content, services, advertisements, promotions, and/or functionality available through the Company Programs.
- Wine Industry Associations or Advertising Partners. We may work with third party industry associations (such as promotional coops in the wine industry), third party reporting companies, or third party advertising companies (collectively, “Advertising Partners”) in order to provide You with advertisements or other information that We think may interest You or to generally promote and market the wine industry in Our region. These Advertising partners may set or access their own cookies, pixel tags or similar technologies on our Company Programs or they may otherwise collect or have access to data about You which they may collect over time and across different online services. These Advertising partners may also provide Us with their own independent data about potential customers and such data could include data about You previously collected by the Advertising Partner.
- Social Media Features. The Company Programs may offer social media features, including certain sharing tools or other integrated tools (such as the Facebook “Like” button), which let You share actions that You take on Our social media pages. Your use of such features enables the sharing of Personal Information with the public, depending on the settings You establish with the entity that provides the social sharing feature.
- As Required By Law, Subpoena or Similar Government Order. We may access, preserve, share, or disclose Your Personal Information if We believe doing so is required or appropriate to: (i) comply with all laws or regulations, including any tax reporting requirements of the Company; (ii) comply with any other law enforcement requests or legal process, such as a court order or subpoena; (iii) respond to Your requests; or (iv) protect Your, Our, or others’ rights, property, or safety. FOR THE AVOIDANCE OF DOUBT, WE MAY BE REQUIRED TO DISCLOSURE YOUR PERSONAL INFORMATION TO: (I) TAXING AUTHORITIES AS PART OF OUR TAX REPORTING REQUIREMENTS; OR (II) LAW ENFORCEMENT AUTHORITIES OR OTHER GOVERNMENTAL AGENCIES OR VIA SUBPOENA ARISING OUT OF YOUR USE OF ANY UNLAWFUL OR INFRINGING CONTENT WHILE USING ANY COMPANY PROGRAM.
- Company’s Outside Professional Advisors. We may share or disclose Your Personal Information with any of the Company’s Outside Professional Advisors (as defined in Section 2.2 herein) in order to facilitate the professional advice such Outside Professionals provide to the Company.
- Consent. We may also share or disclose Your Personal Information with your permission.
4. CERTAIN ADDITIONAL CHOICES YOU MAY HAVE ABOUT YOUR INFORMATION
4.1 OPT-OUT FROM RECEIVING INFORMATION FROM THE COMPANY.
4.1.1 In the event a User has provided the Company with Personal Information such as that discussed above, and thereafter a User does not want to continue to directly receive further notices, or information from the Company such as emails about the Company’s products or services, the User must send an email message to firstname.lastname@example.org stating that the User no longer wants to receive these communications directly from the Company (“Opt Out”). Once the Company has received the User’s request to Opt Out, the Company will use commercially reasonable efforts, in a commercially reasonable time period, to try to carry out such User’s request to Opt Out; provided, however, the Company will not have any obligation to retrieve, and cannot prevent the further use by others of, such User’s Personal Information which may have been shared up to that time with other parties as permitted by the provisions of this Privacy Notice.
4.1.2 If a User elects to Opt Out, and provided such User has properly delivered its Opt Out request to the Company in accordance with Section 4.1.1 herein, such User will no longer receive emails directly from the Company after a commercially reasonable time from the date such User sent its Opt Out notice to the Company. However, the Company does not have any obligations under, or liability arising out of, this Privacy Notice with regard to a User’s decision to share its Personal Information with, Our use of, any other internet websites, forums, or programs that the User may have linked to via the Company Website which are not under the Company’s direct control or ownership. Accordingly, after sending Your Opt Out to the Company, You may need to contact these other entities directly regarding their use of Your Personal Information.
4.2. GEO-LOCATION DATA.
You may be able to prevent your device from sharing precise location information, including without limitation some or all of the Geo-Location Data described in Section 1.2 above, at any time through your device’s operating system settings.
4.3. DO NOT TRACK; SPECIAL NOTICE TO CALIFORNIA RESIDENTS.
Some browsers have a “DO NOT TRACK” feature that lets website users inform websites or other applications that they do not want to have their online activities tracked. These “do not track” features may also give website users other choices regarding the collection of their personal identifiable information. However, these “do not track” features and “do not track’ signals are not yet uniform. ACCORDINGLY, EACH USER OF THE COMPANY WEBSITE OR ANY OTHER COMPANY PROGRAM IS HEREBY NOTIFIED THAT THE COMPANY WEBSITE AND THE OTHER COMPANY PROGRAMS ARE NOT CURRENTLY SET UP TO RESPOND TO ANY OF THE USER’S “DO NOT TRACK” FEATURES OR “DO NOT TRACK” SIGNALS.
4.4 ADDITIONAL NOTICE TO CALIFORNIA RESIDENTS
Under California Civil Code Section 1798.83, California residents who have the right to obtain certain information about the types of personal information that companies with whom they have an established business relationship with (and are not otherwise exempt) have shared with third parties for direct marketing purposes during the preceding calendar year, including the names and addresses of those third parties, and examples of the types of services or products marketed by those third parties if you wish to submit a request pursuant to Section 1798.83, please contact the Company via email at email@example.com
This Company Website is not directed to children under the age of 13. We adhere to the Children’s Online Privacy Protection Act (“COPPA“) and will not knowingly register or otherwise collect personal information from any child under the age of 13. We ask that minors under the age of 13 not submit any personal information to us. If you have reason to believe a child under the age of 13 has provided us with personal information, please contact us at firstname.lastname@example.org and request that such information be deleted from our records.
7. USER RESPONSIBLE FOR UPDATING USER’S OWN PERSONAL INFORMATION.
Users are solely responsible for correcting, updating, or modifying any and all of the User’s personal information as it appears in, and as otherwise stored or contained in, any COMPANY Program. Without in any way limiting the foregoing, User acknowledges and agrees that COMPANY has no duty to correct, update, modify or eliminate any of the User’s personal information as it appears in, is stored, or is otherwise contained in, the COMPANY Website or in any other COMPANY Program.
8. LINKS TO, AND USE OF, THIRD PARTY SITES OR PROGRAMS.
The COMPANY Website or other Company Programs may now or in the future provide links or other access to Internet websites, forums or other programs which are not under Company’s sole control and not solely owned by COMPANY (collectively referred to as “Third Party Sites”). If a User clicks on a link to, or otherwise gains access to, any such Third Party Site, the User will be transported to one of these Third Party Sites.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, EACH USER AGREES THAT IF THE USER USES ANY THIRD PARTY SITES IN ANY WAY, THE USER IS AWARE THAT ANY OF THE USER’S PERSONAL INFORMATION THAT THE USER PROVIDES TO THAT THIRD PARTY SITE MIGHT BE READ, COLLECTED, SHARED, DISTRIBUTED, OR OTHERWISE USED BY OTHER USERS OF THAT THIRD PARTY SITE OR BY ANY OTHER THIRD PARTIES, AND COULD BE USED TO SEND THE USER UNSOLICITED MESSAGES. COMPANY IS NOT RESPONSIBLE FOR ANY PERSONAL INFORMATION THAT THE USER ELECTS TO SUBMIT IN, OR OTHERWISE MAKE AVAILABLE TO, THESE THIRD PARTY SITES.
Any link to any Third Party Site from the COMPANY Website or any other COMPANY Program does not imply any endorsement of the privacy practices of such Third Party Site by the COMPANY, and no such Third Party Site is authorized to make any representation or warranty on our behalf.
10. COMMUNICATING WITH COMPANY.